Part VI: The States

Powers, Privileges, etc., of the Houses of Legislatures and of the Members and Committees Thereof

Article 194: Powers, Privileges, etc., of the Houses of Legislatures and of the Members and Committees Thereof

--- Original Article ---

(1) 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.

(2) 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 such a Legislature of any report, paper, votes, or proceedings.

(3) The powers, privileges, and immunities of a House of the Legislature of a State, and of the members and the committees of a House of such Legislature, shall be such as may from time to time be defined by the Legislature by law.

(4) The provisions of clauses (1), (2), and (3) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise take part in the proceedings of, a House of the Legislature of a State or any committee thereof as they apply in relation to members of that Legislature.

Explanations

Article 194 provides essential privileges to State Legislature members and committees, ensuring their autonomy and protecting legislative actions from outside interference. This article allows members to conduct debates and legislative functions free from external pressure or intimidation, supporting the democratic and independent function of State Legislatures.

Clause-by-Clause Explanation

Freedom of Speech in the State Legislature (Clause 1)

Clause 1 guarantees freedom of speech within State Legislatures, subject to constitutional provisions and procedural rules. This clause allows members to present their views openly, participate in debates, and critique policies without fear of repercussion. For example, members discussing sensitive or contentious issues are protected under this clause.

Immunity from Legal Proceedings for Legislative Actions (Clause 2)

Clause 2 ensures that members are immune from legal action for anything said or voted on in the Legislature or its committees, and protects the publication of legislative proceedings from judicial interference. For instance, a legislator cannot be prosecuted based on statements made within the legislative context, preserving legislative sanctity.

Legislative Authority to Define Privileges (Clause 3)

Clause 3 empowers the Legislature to define, by law, its own privileges, members’ privileges, and those of its committees. Until such laws are made, the privileges remain as they were before the Forty-Fourth Amendment, allowing flexibility for Legislatures to adapt and define privileges as needed.

Extension to Non-Members Engaging in Proceedings (Clause 4)

Clause 4 applies the same privileges and protections to individuals who have a constitutional right to speak or participate in legislative proceedings, even if they are not members. This ensures that advisors or experts participating in proceedings are shielded from external liability for their actions within the Legislature.

Real-Life Examples

• Example of Freedom of Speech: During a legislative session, a member discusses criticisms of state governance under the protection of Article 194, ensuring they can raise public concerns without facing legal action.

Historical Context

Article 194 reflects the influence of British parliamentary conventions, where members of Parliament are granted freedom of speech and immunity to promote open legislative discussions. The Forty-Second and Forty-Fourth Amendments later clarified and refined these privileges to prevent legislative overreach and reinforce democratic accountability.

Judicial Interpretation and Precedents

In cases addressing legislative privileges, the Supreme Court has emphasized that these privileges must be exercised in a way that aligns with constitutional values. This interpretation supports a balanced approach where legislative immunity is protected without undermining democratic accountability.

Debates and Amendments

During the Constituent Assembly debates on Article 169 (now Article 194), Shri Jaspat Roy Kapoor proposed an amendment to extend privileges to non-members involved in legislative committees. This amendment aimed to ensure that individuals contributing to the Legislature could act without legal repercussions.

Shri H. V. Kamath advocated for a defined list of privileges, similar to the U.S. Constitution, to avoid reliance on British parliamentary conventions. Despite these discussions, Dr. B. R. Ambedkar defended the flexibility offered by the Drafting Committee’s approach, highlighting the broad and evolving nature of legislative privileges.

References

• The Constitution of India - Article 194, Powers, Privileges, etc., of the Houses of Legislatures and their Members and Committees.
• Constituent Assembly Debates on Article 169 (Draft Constitution).
• The Constitution (Forty-second Amendment) Act, 1976.
• The Constitution (Forty-fourth Amendment) Act, 1978.
• Basu, D.D. "Commentary on the Constitution of India".