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
- Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof.—(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) In other respects, 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, and, until so defined, 1[shall be those of that House and of its members and committees immediately before the coming into force of section 26 of the Constitution (Forty-fourth Amendment) Act, 1978]. (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 to 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.
Plain English Summary
This article establishes the rights and privileges of state legislative bodies (like State Assemblies) and their members. It ensures that members have freedom of speech within the legislature and protects them from legal action for what they say or vote on in that body.
Key Points
- Members of a State Legislature have freedom of speech when speaking in the Legislature.
- A member cannot be sued in court for anything said or voted upon in the Legislature or its committees.
- The specific powers, privileges, and immunities of a House are defined by law made by that State's Legislature.
- These rules apply to anyone who has the right to speak or participate in the proceedings of the Legislature.
Why It Matters
This article ensures that legislators can perform their duties freely without fear of harassment or legal repercussions for their official statements, which is crucial for a functioning democracy.
Landmark Judgements
No major landmark judgements.