Legislative Privileges Constitution Bench — The Supreme Court has announced that a seven-judge Constitution Bench will commence hearing from October 6 on whether legislative privileges can override citizens’ fundamental right to freedom of speech. This case involves critical constitutional provisions under Articles 105, 194, and 145(3). Here is a detailed UPSC-focused analysis.
Why in News: Legislative Privileges Constitution Bench
The Supreme Court has said a seven-judge Constitution Bench would commence hearing from October 6 a series of long-pending petitions questioning whether legislative privileges can override citizens’ fundamental right to freedom of speech and expression.
Key Facts for Prelims: Legislative Privileges Constitution Bench
- Legislative privileges are special rights and immunities enjoyed by houses of Parliament, state legislatures, and their members, enabling them to function effectively without interference.
- Article 105: Deals with the powers, privileges, and immunities of Parliament, its members, and its committees.
- Article 194: Grants equivalent privileges to state legislatures and their members.
- Articles 122 & 212: Bar courts from inquiring into parliamentary or legislative proceedings on the ground of any alleged irregularity of procedure.
- Constitution Bench: A special ad-hoc panel of the Supreme Court consisting of five or more judges, set up to decide cases involving substantial questions of constitutional law.
- Article 145(3): Mandates that a minimum of five judges must hear cases involving a substantial question of constitutional interpretation.
- Article 143: Empowers the President to refer questions of law or fact of public importance to the Supreme Court, heard by a Constitution Bench.
Static Exam Link
Prelims: Articles 105, 194, 122, 212, 145(3), 143
Mains GS-II: Parliamentary privileges vs. fundamental rights, separation of powers, judicial review of legislative proceedings
Quick Revision Table: Legislative Privileges Constitution Bench
| Provision | Subject Matter |
|---|---|
| Article 105 | Privileges of Parliament and its members |
| Article 194 | Privileges of State Legislatures and their members |
| Article 122 | Courts cannot inquire into Parliament proceedings |
| Article 212 | Courts cannot inquire into State Legislature proceedings |
| Article 145(3) | Minimum 5 judges for constitutional interpretation cases |
| Article 143 | Presidential reference to Supreme Court |
| Current case | Whether privileges override freedom of speech (Article 19) |
Trap / Confusing Points: Legislative Privileges Constitution Bench
- Trap: Article 105 applies to State Legislatures — Wrong! Article 105 applies only to Parliament. Article 194 is the equivalent provision for State Legislatures.
- Trap: A Constitution Bench always has 7 judges — Wrong! A Constitution Bench requires a minimum of 5 judges (Article 145(3)). It can have 7, 9, or more judges depending on the importance of the case.
- Trap: Article 122 prevents all judicial review of Parliament — Wrong! Article 122 bars inquiry into procedural irregularity in parliamentary proceedings, but courts can still examine the constitutionality of laws passed by Parliament.
Practice MCQs: Legislative Privileges Constitution Bench
Q1. Which Article deals with the powers, privileges, and immunities of Parliament?
- a) Article 100
- b) Article 105
- c) Article 194
- d) Article 122
Answer: b) Article 105
Article 105 specifically deals with the powers, privileges, and immunities of Parliament, its members, and its committees.
Q2. Under Article 145(3), the minimum number of judges required to constitute a Constitution Bench is:
- a) 3
- b) 5
- c) 7
- d) 9
Answer: b) 5
Article 145(3) mandates a minimum of five judges for cases involving a substantial question of law as to the interpretation of the Constitution.
Q3. Which pair of Articles bars courts from inquiring into legislative proceedings?
- a) Articles 105 and 194
- b) Articles 122 and 212
- c) Articles 143 and 145
- d) Articles 124 and 217
Answer: b) Articles 122 and 212
Article 122 bars inquiry into Parliament proceedings and Article 212 bars inquiry into State Legislature proceedings on grounds of procedural irregularity.
Q4. Article 143 of the Constitution empowers which authority to make references to the Supreme Court?
- a) Prime Minister
- b) Speaker of Lok Sabha
- c) President of India
- d) Chief Justice of India
Answer: c) President of India
Article 143 empowers the President to refer questions of law or fact of public importance to the Supreme Court for its advisory opinion.
Q5. Article 194 grants legislative privileges to:
- a) Parliament only
- b) State Legislatures and their members
- c) Both Parliament and State Legislatures
- d) Local self-government bodies
Answer: b) State Legislatures and their members
Article 194 is the equivalent of Article 105 but applies to State Legislatures and their members.
📌 Daily UPSC Current Affairs — 21 August 2026
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