Introduction
Article 122 of the Indian Constitution protects the internal working of Parliament from unnecessary judicial interference. It ensures that courts do not question parliamentary proceedings merely because of procedural mistakes. The provision supports legislative independence while respecting constitutional supremacy. Parliament does not stand above the Constitution. Judicial review still applies when actions violate constitutional limits. Article 122 therefore balances autonomy with accountability. It strengthens democracy by allowing Parliament to function smoothly without constant legal disruption.
Where Is Article 122 Placed in the Constitution?
Article 122 appears in Part V of the Constitution, which deals with the Union and Parliament. The Article carries the title “Courts not to inquire into proceedings of Parliament.” Its placement highlights the importance of legislative functioning in the constitutional framework. The framers intended to protect parliamentary processes from routine court challenges. At the same time, they preserved the Constitution as the highest authority. This context explains why the immunity under Article 122 remains limited and carefully defined.
What Does Clause (1) of Article 122 Provide?
Clause (1) states that courts cannot question the validity of parliamentary proceedings on the ground of procedural irregularity. This means courts cannot strike down debates, votes, or the passage of laws simply because internal rules were not strictly followed. Parliament follows detailed procedures. Minor lapses are inevitable. Article 122 prevents such lapses from becoming grounds for invalidating legislative work. The clause focuses on stability and continuity in lawmaking. It protects Parliament from technical challenges that could paralyze governance.
What Are Considered Parliamentary Proceedings?
Parliamentary proceedings include all formal business conducted in the Houses. This covers debates, introduction of bills, discussion of motions, voting, and rulings by the Speaker or Chairman. These activities form the core of legislative functioning. Courts cannot examine whether every rule of procedure was correctly applied during these processes. The protection applies as long as the matter remains procedural. This ensures that internal parliamentary discipline remains within Parliament itself.
What Does Clause (2) of Article 122 Protect?
Clause (2) grants immunity to officers and members who exercise powers to regulate parliamentary procedure and maintain order. This includes the Speaker, the Chairman, and other authorized members. Courts cannot question their actions when they act within their official powers. Decisions such as allowing or disallowing debate, deciding points of order, or suspending members fall under this protection. The clause ensures that presiding officers can function decisively. It prevents fear of litigation from interfering with parliamentary control.
Does Article 122 Place Parliament Beyond Judicial Review?
Article 122 does not place Parliament above the Constitution. The immunity applies only to procedural irregularities. Courts can still intervene when there is substantive illegality or constitutional violation. If Parliament acts in bad faith or ignores mandatory constitutional provisions, judicial review remains available. The Supreme Court has repeatedly emphasized this limitation. The Constitution remains supreme. Parliament must operate within its boundaries. Article 122 protects procedure, not unconstitutional conduct.
What Is the Difference Between Irregularity and Illegality?
An irregularity refers to a departure from internal parliamentary rules. An illegality refers to a violation of the Constitution or a mandatory legal requirement. Article 122 bars courts from examining irregularities. It does not bar courts from examining illegal actions. This distinction is crucial. It preserves legislative freedom while safeguarding constitutional values. Courts respect parliamentary autonomy but step in when constitutional limits are crossed.
How Does Article 122 Support Separation of Powers?
Article 122 reflects the principle of separation of powers. It prevents the judiciary from interfering in the day-to-day functioning of the legislature. Each organ of the State operates within its own domain. Parliament manages its procedures. Courts interpret the Constitution and protect rights. Article 122 maintains this balance. It avoids institutional conflict. It ensures that democratic institutions function harmoniously.
How Is Article 122 Linked to Parliamentary Privileges?
Article 122 works alongside Article 105, which grants parliamentary privileges such as freedom of speech to Members of Parliament. Together, these provisions protect legislative independence. Article 105 safeguards what members say and do in Parliament. Article 122 safeguards how Parliament conducts its business. Both aim to ensure free and effective debate. Both operate within constitutional limits. They form part of a larger framework of legislative autonomy.
Is There a Similar Provision for State Legislatures?
Yes, Article 212 provides similar protection to State Legislatures. It mirrors Article 122 in structure and purpose. Courts cannot question state legislative proceedings on grounds of procedural irregularity. Presiding officers at the state level enjoy similar immunity. This parallel structure ensures uniformity across the constitutional system. Both Union and State legislatures enjoy procedural independence under the Constitution.
Conclusion
Article 122 protects the efficiency and dignity of Parliament. It prevents governance from being stalled by technical litigation. It allows legislators to focus on public policy. At the same time, it preserves constitutional supremacy by allowing judicial review in cases of illegality. This balance strengthens democratic institutions. Article 122 ensures that Parliament remains autonomous but accountable. It plays a vital role in maintaining constitutional governance in India.
