Article 122 of the Costitution of India with Case law
📜 Article 122 of the Constitution of India – Courts not to inquire into proceedings of Parliament
âś… Text of Article 122:
(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.
🧠Explanation:
Article 122 grants immunity to parliamentary proceedings from judicial interference. The judiciary cannot question the internal proceedings of Parliament, especially on procedural irregularities.
Ensures the independence of the legislature.
Part of the doctrine of separation of powers.
⚖️ Important Case Laws on Article 122:
1. Kihoto Hollohan v. Zachillhu
Citation: 1992 Supp (2) SCC 651
Facts: Challenge to the Tenth Schedule (anti-defection law).
Held:
Article 122 protects procedural irregularities in the House.
But judicial review is permitted in cases of constitutionality, mala fide, or substantive illegality (e.g., violation of constitutional provisions).
2. Raja Ram Pal v. Hon’ble Speaker, Lok Sabha
Citation: (2007) 3 SCC 184
Facts: Challenge to expulsion of MPs in cash-for-query scam.
Held:
Article 122 doesn’t bar judicial review of substantive illegality or unconstitutional conduct.
Courts can interfere when there is clear violation of constitutional provisions.
3. P.V. Narasimha Rao v. State (CBI/SPE)
Citation: (1998) 4 SCC 626
Facts: Bribery allegations against MPs during voting in Parliament.
Held:
MPs are protected under Articles 105 and 122 for speeches and votes in Parliament.
However, criminal actions (like bribery) outside the House are not protected.
🏛️ Key Points:
| Principle | Description |
|---|---|
| Internal proceedings protected | Courts can't question debates, votes, or procedures |
| No jurisdiction over Speaker's powers | Actions to maintain order or procedure not justiciable |
| Exception – Constitutional violation | Courts can step in when there's illegality or mala fide |
| Supports separation of powers | Keeps judiciary out of legislative autonomy |
đź“Ś Related Articles:
Article 105 – Powers and privileges of Parliament members
Article 212 – Similar immunity for State Legislatures
Article 118 – Rules of procedure of Parliament
đź“š Summary:
| Feature | Article 122 |
|---|---|
| Applies to | Parliament of India |
| Protects | Validity of parliamentary proceedings |
| Immunity from | Judicial scrutiny for procedural irregularities |
| Judicial review | Allowed in case of substantive illegality, unconstitutionality, or mala fides |
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