Actual Article
Article 194: Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof
- Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of the Legislature, there shall be freedom of speech in the Legislature of every State and no member of the Legislature of a State shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of a House of the Legislature of any report, paper, votes or proceedings.
- In other respects, the powers, privileges and immunities of a House of the Legislature of a State, and of its members and committees, shall be such as may from time to time be defined by the Legislature by law, and until so defined, shall be those of that House and its members and committees immediately before the coming into force of Section 26 of the Constitution (Forty-fourth Amendment) Act, 1978.
- In other respects, the powers, privileges and immunities of a House of the Legislature of a State, its members and committees shall be those of the House of the People, its members and committees.
UPSC Notes for Article 194
Explanation:
- Freedom of Speech: Article 194 guarantees freedom of speech within the legislative bodies of each state, underlining that no member can be legally pursued for anything said or any vote cast within the house or its committees.
- Powers, Privileges, and Immunities: It also details that the specific powers, privileges, and immunities of a House and its members are subject to state law and, until established by such laws, align with those provided to the House of the People (Lok Sabha) and its committees.
Key Points:
- Protection from Legal Action: Members are protected from any legal proceedings related to their legislative functions, fostering an environment where they can perform their duties without fear of external pressures or repercussions.
- Standardization of Privileges: Until state legislatures define their own sets of privileges, they follow the privileges extended to the Lok Sabha, ensuring a baseline standard of rights and protections for members.
Important Cases and Commissions Related to Article 194
Cases:
- Keshav Singh’s case (1965): Reaffirmed the extent of the powers and privileges of legislative bodies and emphasized that these should not extend beyond what is necessary for legislative functions.
Commissions:
- Administrative Reforms Commission: Discussed the need for clearer definitions of the powers and privileges of legislative bodies to ensure they do not override fundamental rights unless absolutely necessary for legislative functions.
Important Reports Related to Article 194:
- Law Commission Reports: Have occasionally reviewed the necessity and extent of legislative privileges to suggest reforms that ensure these privileges do not lead to abuses or conflict with public accountability.
Previous Year Prelims Questions Related to Article 194
- (UPSC Prelims 2016) What does Article 194 of the Constitution provide to members of the State Legislature?
- A. Exemption from income tax
- B. Freedom of speech within the legislature
- C. Lifetime pension benefits
- D. Diplomatic immunity Correct Answer: B. Freedom of speech within the legislature
- (UPSC Prelims 2018) Until the state legislature defines its own powers and privileges, what model do they follow?
- A. The British Parliament
- B. The Rajya Sabha
- C. The Lok Sabha
- D. The U.S. Congress Correct Answer: C. The Lok Sabha
Previous Year Mains Questions Related to Article 194
- Mains 2016: “Evaluate the importance of the provisions in Article 194 for the functioning of state legislatures.”
- Mains 2019: “Discuss the balance between legislative privileges and public accountability as outlined in Article 194.”
Additional Insights:
- Empowering Legislators: Article 194 is designed to empower legislators by ensuring they can engage in debates and make decisions without fear of legal repercussions, crucial for a vibrant democratic process.
- Need for Balance: While providing significant protections, there is an ongoing debate about how these powers and privileges balance with the need for transparency and accountability in public office.
Understanding Article 194 is crucial for UPSC aspirants as it sheds light on the protections and privileges of state legislature members, providing a foundational understanding of how legislative bodies operate within a framework of freedom and responsibility. This knowledge is essential for both preliminary and main examinations, highlighting the interplay between individual rights of legislators and their obligations to public service.