Part V - Parliament • Article

Article 122 Simplified: Courts not to inquire into proceedings of Parliament

Just like MPs can't criticize judges, Article 122 says Courts cannot interfere in how Parliament runs its business. If a law was passed with a small procedural mistake, the court cannot cancel it. Parliament is the master of its own house.

Official Text

(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.

Simple Meaning

Explain Like Ten

Just like the courts are off-limits for politicians, Parliament's debates are off-limits for judges. If Parliament makes a small mistake in its debate rules, the courts cannot interfere or declare the debate illegal. Both must respect each other's space!

Student Mode

Article 122 protects legislative supremacy within its own sphere: (1) The validity of any proceedings in Parliament cannot be questioned in court on the ground of any alleged 'irregularity of procedure'. (2) No officer or MP vested with powers to regulate procedure, conduct business, or maintain order in Parliament is subject to court jurisdiction in respect of those powers. Note: This immunity only applies to procedural irregularities; if there is a substantive constitutional violation or illegality, the courts can intervene (as ruled in the Raja Ram Pal case).

Example

If a bill is passed in the Lok Sabha via a voice vote instead of a division vote, a court cannot strike down the law based on this procedural choice because Article 122 bars courts from questioning internal legislative procedures.

Key Takeaway

The courts cannot poke their nose into how Parliament conducts its debates.

FAQs

Can a citizen challenge a law in court because a debate rule was violated in Parliament?

No. Under Article 122(1), courts are barred from questioning parliamentary proceedings based on a mere irregularity of procedure.

Does Article 122 give Parliament absolute immunity from judicial review?

No. The Supreme Court has held that the immunity under Article 122 is only for 'irregularity of procedure.' If the proceedings suffer from 'gross illegality,' unconstitutionality, or a violation of the basic structure, the courts can review them.

Quiz

The courts cannot question the validity of parliamentary proceedings on the ground of:

Answer: Irregularity of procedure

Under Article 122(2), who is immune from court jurisdiction regarding the maintenance of order in Parliament?

Answer: The Speaker and other officers regulating procedure