📜 Article 212 of the Indian Constitution
Title: Courts not to inquire into proceedings of the Legislature
🔹 Text Summary:
Article 212 provides immunity to the proceedings of the State Legislature from being challenged or questioned in a court of law on the grounds of procedural irregularities.
📌 Clause-wise Breakdown:
| Clause | Provision |
|---|---|
| (1) | Courts shall not inquire into the validity of any proceedings in the Legislature of a State on the ground of any alleged irregularity of procedure. |
| 🛡️ This protects the Legislature’s internal functioning from judicial interference. | |
| (2) | No officer or member of the Legislature in whom powers are vested (under rules regulating procedure or conduct of business) shall be subject to the jurisdiction of any court for the exercise of those powers. |
| 🛡️ This protects the Speaker, Chairman, or presiding officers acting within their powers. |
🧠 Key Takeaways:
-
Reinforces the doctrine of separation of powers between Legislature and Judiciary.
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Legislative procedures (like how a Bill was passed, how debate was conducted) cannot be questioned in courts just because of procedural issues.
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Presiding officers' decisions on legislative business are final and cannot be challenged legally.
⚠️ Exception:
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This immunity does not apply in cases where constitutional provisions are violated (e.g., if a law violates fundamental rights, courts can still review it).
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Only procedural irregularities are protected, not unconstitutional actions.
🏛️ Example:
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If the Speaker of a State Assembly cuts short a debate or passes a Bill without full discussion, the court cannot question it merely due to procedural flaws.
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But if a Bill passed violates Fundamental Rights, the court can strike it down.
⚖️ Related Articles:
| Article | Subject |
|---|---|
| 208 | Rules of procedure in State Legislature |
| 211 | Restriction on discussion about judges in Legislature |
| 212 | Bar on courts from inquiring into legislative procedures |
| 122 | Similar protection for Parliament (Union level) |
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