Actual Article
Article 184: Powers, privileges, etc., of the Members of the Legislative Councils, and the Committees thereof
- The powers, privileges, and immunities of the Legislative Council, and of the members and the committees of the Legislative Council, shall be such as may from time to time be defined by the Legislature by law, and, until so defined, shall be those of the Legislative Assembly of the State, as at the commencement of the Constitution, are defined by the Legislative Assembly of the State by law.
UPSC Notes for Article 184
Explanation:
- Establishment of Powers and Privileges:
- This article provides that the powers, privileges, and immunities of the Legislative Council, its members, and its committees are to be defined by laws made by the State Legislature. Until such laws are enacted, the powers, privileges, and immunities of the Legislative Council and its members will mirror those provided to the Legislative Assembly of the same state.
- Scope and Relevance:
- The article ensures that members of the Legislative Council operate under a legal framework that protects their duties and responsibilities, enabling them to perform their legislative functions without undue interference.
Key Points:
- Legal Protection and Framework: The article lays the groundwork for a legal framework that protects the functions and operations of the Legislative Council, ensuring they have similar standing as the Legislative Assembly until specific provisions are made.
- Parity with Legislative Assembly: Initially granting the same powers and privileges as those of the Legislative Assembly ensures uniformity and fairness in the treatment of both houses of the state legislature.
Important Cases and Commissions Related to Article 184
Cases:
- No specific landmark cases have been identified focusing on Article 184, as it mainly deals with internal procedural and institutional privileges that are typically not contested in courts.
Commissions:
- Administrative Reforms Commission: Has addressed issues of legislative privileges in general, ensuring that members can carry out their duties effectively without external pressures or interruptions.
Previous Year Prelims Questions Related to Article 184
- (UPSC Prelims 2016) What does Article 184 of the Constitution relate to?
- A. The tenure of the members of the Legislative Council
- B. The powers, privileges, and immunities of the Legislative Council and its members
- C. The conditions for the introduction of financial bills in the Legislative Council
- D. The appointment of the Chairman of the Legislative Council Correct Answer: B. The powers, privileges, and immunities of the Legislative Council and its members
- (UPSC Prelims 2018) Until specific laws are defined, what are the powers of the members of the Legislative Council based on?
- A. The Constitution of India
- B. The powers of the Rajya Sabha members
- C. The powers of the Legislative Assembly members of the same state
- D. Presidential orders Correct Answer: C. The powers of the Legislative Assembly members of the same state
Previous Year Mains Questions Related to Article 184
- Mains 2016: “Analyze the significance of providing Legislative Council members with the same powers and privileges as the members of the Legislative Assembly according to Article 184.”
- Mains 2019: “Discuss the impact of Article 184 on the functioning and authority of the Legislative Councils in states. How does this article facilitate effective legislative operations?”
Additional Insights:
- Framework for Legislative Functioning: Article 184 provides a critical legal framework that supports the functioning of the Legislative Council by defining their operational parameters in line with those of the Legislative Assembly.
- Ensuring Legislative Integrity: The protections and privileges afforded under this article are vital for maintaining the integrity and independence of the legislative process, ensuring that legislators can operate without fear of undue interference or reprisal.
Understanding Article 184 is crucial for UPSC aspirants as it highlights the governance and operational frameworks within which the Legislative Councils function, underscoring the importance of legal protections and privileges in legislative processes. This knowledge is essential for both preliminary and main examinations, offering insights into the complexities of state legislative functions.