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Constitution of India · Part VI: The States · Powers, privileges and immunities of State Legislatures and

Article 194: Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof

In plain words

There is freedom of speech in every State Legislature, subject to the Constitution and its rules. No member can face court proceedings for anything said or any vote given in the Legislature or its committees, and no one can be sued for publishing a report, paper, votes or proceedings by or under the authority of a House.

  • Other powers, privileges and immunities are as the State Legislature defines by law, and until then as they were just before section 26 of the Constitution (Forty-fourth Amendment) Act, 1978 came into force.
  • These protections also cover people who have the right to speak in the Legislature, such as Ministers and the Advocate-General.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

(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, [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.

Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the article 194