Actual Article
Article 122: Courts not to inquire into proceedings of Parliament
- Judicial Non-Interference:
- The validity of any proceedings in Parliament shall not be called in question on the ground of any alleged irregularity of procedure.
- Freedom of Speech:
- 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.
UPSC Notes for Article 122
Explanation:
- Judicial Non-Interference:
- Courts are prohibited from questioning the validity of parliamentary proceedings on grounds of procedural irregularity.
- Ensures that the internal proceedings of Parliament are immune from judicial scrutiny, preserving legislative autonomy.
- Freedom of Speech:
- Protects officers and members of Parliament from judicial intervention concerning their duties in regulating procedure, conducting business, or maintaining order.
- Upholds the principle that the legislature has exclusive control over its internal affairs.
Key Points:
- Legislative Independence: Ensures that the judiciary cannot interfere with the internal proceedings of Parliament, maintaining the independence of the legislative branch.
- Autonomy of Parliament: Protects the procedural and operational autonomy of Parliament, allowing it to conduct its business without external interference.
- Balance of Powers: Reinforces the separation of powers by preventing judicial overreach into legislative affairs.
Important Cases and Commissions Related to Article 122
Cases:
- Keshav Singh Case (1965): Addressed the issue of legislative privileges and the judiciary’s role in parliamentary proceedings, reinforcing the principle that courts should not interfere in parliamentary matters.
- Raja Ram Pal vs. Hon’ble Speaker, Lok Sabha (2007): Emphasized the constitutional boundaries between legislative privileges and judicial review, affirming the principles outlined in Article 122.
Commissions:
- Sarkaria Commission: Highlighted the importance of maintaining clear boundaries between the functions of the legislature and judiciary, emphasizing the need for non-interference in parliamentary proceedings.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Recommended reforms to ensure a clear separation of powers and to protect the autonomy of legislative procedures.
Previous Year Prelims Questions Related to Article 122
- (UPSC Prelims 2017) Under Article 122, the validity of any proceedings in Parliament shall not be called in question on the ground of:
- A. Substantive errors
- B. Procedural irregularities
- C. Legislative overreach
- D. Executive intervention Correct Answer: B. Procedural irregularities
- (UPSC Prelims 2019) Who is protected under Article 122 from being subject to the jurisdiction of any court in respect of the exercise of their powers?
- A. The President of India
- B. The Prime Minister
- C. Members and officers of Parliament
- D. Governors of States Correct Answer: C. Members and officers of Parliament
Previous Year Mains Questions Related to Article 122
- Mains 2016: “Discuss the significance of Article 122 in ensuring the independence of Parliament. How does this article contribute to the separation of powers in the Indian Constitution?”
- Mains 2019: “Analyze the implications of Article 122 on the judicial review of parliamentary proceedings. How does this provision uphold the autonomy of the legislative branch?”
Additional Insights:
- Preserving Legislative Integrity: Article 122 preserves the integrity of parliamentary proceedings by ensuring they are not subject to judicial scrutiny, thereby upholding the legislature’s sovereign function.
- Internal Autonomy: By protecting the internal procedures of Parliament from external interference, the article ensures that legislative business is conducted independently and efficiently.
- Protection of Parliamentary Privileges: Members and officers of Parliament are safeguarded from legal challenges related to their parliamentary duties, ensuring they can perform their functions without fear of judicial reprisal.
Understanding Article 122 is crucial for UPSC aspirants as it outlines the boundaries between the legislative and judicial branches, ensuring the autonomy of Parliament and maintaining the balance of power within India’s constitutional framework. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the provisions that protect legislative proceedings from judicial interference.