Article 122 of the Indian Constitution
Title: Courts not to inquire into proceedings of Parliament
📜 Text Summary of Article 122:
Clause (1):
The validity of any proceedings in Parliament shall not be called in question in any court on the ground of any alleged irregularity of procedure.
Clause (2):
No officer or member of Parliament who has power to regulate procedure or conduct of business or maintain order (like the Speaker or Chairman) shall be subject to jurisdiction of any court in respect of the exercise of those powers.
✅ Key Provisions Explained:
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Judicial Non-Interference in Parliamentary Proceedings:
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Courts cannot interfere with how Parliament conducts its internal business, such as:
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Debates
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Motions
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Voting procedures
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Passing of bills
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No Challenge on Procedural Grounds:
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Even if there is a procedural mistake or irregularity, it cannot be used to challenge the validity of any Parliamentary action in a court.
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Protection to Speaker/Chairman:
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Actions of the Presiding Officers (Speaker of Lok Sabha, Chairman of Rajya Sabha) in maintaining order or regulating proceedings are outside judicial review.
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🛡️ Why Article 122 Matters:
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Preserves the independence and supremacy of Parliament.
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Maintains the separation of powers between the Legislature and the Judiciary.
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Prevents judicial overreach into legislative functions.
🧾 Example:
If a Bill is passed in Parliament but a member claims that the Speaker didn’t follow proper voting procedure, courts cannot invalidate the Bill on that ground due to Article 122.
⚖️ Exception (From Case Law):
While procedural irregularities are protected, substantive violations of the Constitution (e.g., passing a law that violates fundamental rights) can still be challenged in court.
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