Article 122 of Indian Constitution: Detailed Analysis
IMPORTANT LINKS
Part 5 of the Indian Constitution
Article 79 to 122 of Indian Constitution is mentioned under Chapter II of Part V which deals with ‘The Union’. Article 122 of Indian Constitution is an important provision that upholds the separation of powers between the judiciary and the legislature. The provision forbids the courts from questioning parliamentary proceedings and protects the independence and integrity of the legislative process. The provision plays an important role in preservation of the balance of powers and ensure the democratic principles mentioned in the Constitution are maintained. Explore other important Constitutional Articles.
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Name of the Article |
Article 122 - Courts not to inquire into proceedings of Parliament |
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Part of the Constitutional Article |
Part V |
Article 122 of Indian Constitution
Courts not to inquire into proceedings of Parliament
1) The validity of any proceedings in Parliament shall not be called in question on the ground of any alleged irregularity of procedure.
2) No officer or member of Parliament in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in Parliament shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.
Note: “The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”
Article 122 Simplified Interpretation
According to Article 122 of Indian Constitution the courts are restricted from challenging the validity of parliamentary proceedings based on procedural issues. The provision makes sure that internal affairs of the Parliament remain protected from judicial review and safeguards its legislative independence. It protects the officers and members of Parliament from judicial scrutiny regarding their duties related to regulating parliamentary procedures, conducting business or maintaining order within the House.
Thus Article 122 of Indian Constitution supports the structure that Parliament has only authority over its internal functions. The framework keeps autonomy of Parliament and bolsters the principle of separation of powers
Article 122 of Indian Constitution Significance
Article 122 helps in maintaining autonomy and independence of the legislative branch. It protects parliamentary proceedings from judicial scrutiny. It gives clarity between the legislature and the judiciary. It also reinforces the doctrine of separation of powers. It ensures that courts cannot question parliamentary proceedings on grounds of procedural irregularity Article 122 of Indian Constitution preserves the freedom and authority of Parliament to conduct its business without external interference.
Furthermore, the Article protects officers and members of Parliament from judicial intervention concerning their duties related to regulating procedure, conducting business, or maintaining order. This immunity upholds the exclusive control of the legislature over its internal matters and prevents judicial overreach.
Article 122 of Indian Constitution related Judicial Pronouncements
Article 122 safeguards parliamentary proceedings from judicial interference based on procedural irregularities and ensures legislative autonomy. However, various courts have explained that procedural matters are immune, substantive illegality or constitutional violations may attract judicial review. The following landmark judgements have shaped the interpretation of Article 122 of Indian Constitution -
Keshav Singh Case (1965)
The Apex Court in Keshav Singh vs Speaker Legislative Assembly and Others considered issue of legislative privileges and role of Courts in parliamentary proceedings. The Court confirmed that courts should not interfere with parliamentary matters and highlighted the independence of the legislative process.
Raja Ram Pal vs. Hon’ble Speaker, Lok Sabha (2007)
Raja Ram Pal case highlighted balance between legislative privileges and judicial review. The Court in this case held that Parliament enjoys considerable autonomy over its internal proceedings but it is not entirely immune from judicial scrutiny if constitutional violations are alleged. The decision explained the scope of judicial intervention permissible under Article 122 of Indian Constitution.
K.S. Puttaswamy (II) Judgment (Dissenting Opinion by Justice Chandrachud)
Justice Chandrachud in this case noted that a legislative process would be amenable to judicial review if it suffers from illegality or violates constitutional provisions. The interpretation in this case aided in the evolution of understanding of substantive illegality under Article 122 of Indian Constitution.
Roger Mathew Case
The Constitution Bench in Roger Mathew case observed that Article 122 of Indian Constitution does not bar judicial review when a challenge is made on grounds of illegality or unconstitutionality under the constitutional scheme.
Conclusion
Article 122 of Indian Constitution plays an important role in preserving the separation of powers. It ensures the independence and autonomy of the legislature by barring the courts from examining parliamentary proceedings. They are confined to specific situations involving constitutional provisions, procedural errors, parliamentary privileges or electoral disputes. Article 122 acts as a fundamental pillar of democracy and protects the integrity of the legislative process and maintaining the balance of powers.