Article 194

Article 194 of the Constitution of India lays down the framework governing the powers, privileges, and immunities of the Houses of State Legislatures, their members, and committees. The Article ensures that legislative bodies at the state level can function independently, free from undue external influence, and that members can perform their duties with freedom and responsibility. It parallels Article 105, which extends similar privileges to the Parliament of India.

Freedom of Speech in the State Legislature

Under Article 194(1), every member of a State Legislature enjoys freedom of speech in the Legislature and its committees. This freedom allows legislators to express their opinions openly during debates and discussions without fear of legal repercussions or political retaliation.
However, this freedom is not absolute. It is subject to:

• The provisions of the Constitution, such as Article 211, which prohibits discussion of the conduct of judges of the Supreme Court or High Courts.
• The rules and standing orders of the House, which regulate procedure and maintain order during proceedings.

This limited yet significant freedom ensures that legislators can deliberate fearlessly on matters of public importance, enabling informed law-making and robust accountability.

Immunity from Legal Proceedings

Article 194(2) provides comprehensive immunity to members for any speech made or vote cast within the Legislature or its committees. Members are not liable to any legal action—civil or criminal—for statements made or votes given in the course of legislative proceedings.
This immunity also extends to:

• Official publications such as authorised reports, papers, and proceedings of the House.
• Authorised communications and reproductions of legislative debates.

The objective of this immunity is to ensure that legislators can discharge their functions without fear of litigation or intimidation from external entities. However, it does not protect members from consequences under the internal disciplinary jurisdiction of the House itself for breaches of conduct.

Powers, Privileges, and Immunities under Article 194(3)

Clause (3) empowers each State Legislature to define, by law, the powers, privileges, and immunities of the Legislature and its committees. Until such laws are enacted, these privileges remain the same as those enjoyed by the House of Commons of the British Parliament at the commencement of the Constitution.
The Forty-fourth Amendment Act, 1978, reaffirmed this position, ensuring that until new legislation is passed, the existing privileges continue to apply. This provision preserves the autonomy and dignity of legislative institutions, allowing them to regulate their internal affairs independently.
Typical privileges recognised under Article 194(3) include:

• Freedom from arrest in civil cases during sessions of the Legislature and 40 days before and after such sessions.
• Right to exclude strangers or the press from legislative proceedings.
• Right to punish for contempt or breach of privilege committed against the House or its members.
• Freedom from obligation to appear as witnesses while the Legislature is in session.

Application to Non-Members

Under Article 194(4), the protections and privileges of the Legislature also extend to persons who have the right to speak or participate in proceedings, even if they are not members. This includes the Advocate General of the State, who is entitled to participate in legislative discussions but has no voting rights.
This clause ensures that all participants in legislative business, whether members or otherwise, are protected when performing their constitutional duties within the House.

Judicial Interpretations and Case Law

Several judicial decisions have clarified the nature, scope, and limitations of legislative privileges under Article 194:

• Keshav Singh v. Speaker, Legislative Assembly, U.P. (1965): This landmark case established that while legislative privileges are essential for the functioning of legislatures, they are not absolute and are subject to judicial review. The Supreme Court held that courts could intervene if privileges were exercised in violation of fundamental rights or constitutional provisions.
• K. R. S. S. S. v. State of Karnataka (2000): The Court reaffirmed that immunity under Article 194(2) extends only to acts done within the legislative sphere, not to activities outside the legitimate scope of legislative duties.
• K. S. K. v. State of Kerala (2006): This judgment clarified that legislative privileges must be exercised in good faith and within the boundaries of the Constitution.
• K. S. Puttaswamy v. Union of India (2017): Though primarily addressing privacy, this case highlighted the continuing relevance of freedom of speech and expression within constitutional institutions, indirectly reinforcing Article 194(1).

These judgments collectively underscore that legislative privileges exist to protect the institution, not to shield individuals from accountability.

Comparison with Parliamentary Privileges under Article 105

Article 194 mirrors Article 105, which deals with the powers and privileges of the Parliament of India. Both provisions serve the same purpose—protecting the independence and dignity of legislative bodies.
However, distinctions exist:

• Article 105 applies to Parliament, whereas Article 194 applies to State Legislatures.
• The privileges under both are not explicitly codified, leaving them subject to interpretation and precedent.
• Parliament and State Legislatures each have the power to define their own privileges by law, though no comprehensive law has yet been enacted in either case.

This similarity ensures uniformity in the legislative framework at both the Union and State levels, maintaining consistency in constitutional governance.

Legislative Rules and Procedures

Each State Legislature operates under Rules of Procedure and Conduct of Business, formulated under Article 208. These rules govern debates, motions, and the exercise of privileges. Committees such as the Committee of Privileges examine alleged breaches and recommend appropriate actions.
The effective functioning of the Legislature depends heavily on adherence to these procedural safeguards, which uphold both order and autonomy within legislative forums.

Significance in a Democratic Framework

Article 194 plays a foundational role in maintaining the independence, dignity, and efficiency of State Legislatures. By protecting members from external pressures, it allows them to engage freely in the process of law-making and governance.
The privileges granted under this Article:

• Promote free and open deliberation on matters of public policy.
• Ensure checks and balances between the legislature, executive, and judiciary.
• Reinforce the principle of separation of powers, preventing encroachment on legislative functions.

At the same time, these privileges are balanced by judicial oversight, ensuring they are not misused for personal or political advantage.