Actual Article
Article 212: Courts not to inquire into proceedings of the Legislature
- The validity of any proceedings in the Legislature of a State shall not be called in question on the ground of any alleged irregularity of procedure.
- No officer or member of the Legislature of a State shall be subject to the jurisdiction of any court in respect of the exercise of any powers conferred on, or the performance of any functions assigned to, a body vested with the authority to conduct business in the Legislature.
UPSC Notes for Article 212
Explanation:
- Protection from Judicial Review: Article 212 provides immunity to the proceedings of state legislatures from being questioned in courts on procedural irregularities. This ensures that legislative processes are not interrupted or undermined by external judicial challenges.
- Immunity for Legislative Members and Officers: This article also extends immunity to members and officers of the legislature regarding their official actions within the legislative framework. They cannot be prosecuted or questioned in court for actions that are part of their official legislative duties.
Key Points:
- Preservation of Legislative Autonomy: By preventing courts from inquiring into procedural aspects of legislative proceedings, Article 212 helps maintain the autonomy and integrity of legislative bodies.
- Separation of Powers: This article enforces a clear demarcation between the judiciary and the legislature, highlighting the principle of separation of powers, which is fundamental to the functioning of a democratic system.
Important Cases and Commissions Related to Article 212
Cases:
- No specific landmark cases interpreting Article 212 have been noted, as the article sets a straightforward limitation on judicial review of legislative proceedings.
Commissions:
- Administrative Reforms Commission: May have explored the relationship between legislative procedures and judicial oversight, discussing ways to balance accountability with legislative independence.
Important Reports Related to Article 212:
- Law Commission Reports: These reports could provide insights into the implications of legislative immunity on governance and suggest ways to ensure that legislative powers are exercised responsibly without undermining the rule of law.
Previous Year Prelims Questions Related to Article 212
- (UPSC Prelims 2016) What is protected under Article 212 of the Constitution?
- A. The conduct of the Governor
- B. The proceedings of the State Legislature
- C. The decisions of the State High Courts
- D. The policies made by the State Cabinet Correct Answer: B. The proceedings of the State Legislature
- (UPSC Prelims 2018) Who is granted immunity under Article 212 regarding their legislative functions?
- A. Judges of the High Courts
- B. Officers and members of the State Legislature
- C. State Government employees
- D. Members of the State Police Service Correct Answer: B. Officers and members of the State Legislature
Previous Year Mains Questions Related to Article 212
- Mains 2016: “Discuss the impact of Article 212 on the judicial oversight of state legislative procedures.”
- Mains 2019: “Analyze the rationale behind granting immunity to state legislature proceedings and members from judicial review under Article 212.”
Additional Insights:
- Encouraging Robust Legislative Debate: Article 212 encourages members of the legislature to engage in debates and perform their duties without fear of judicial repercussions, promoting a robust and uninhibited legislative process.
- Balancing Judicial Non-Interference: While the article supports legislative independence, it also underscores the need for legislatures to exercise their powers within the bounds of constitutional propriety, balancing independence with accountability.
Understanding Article 212 is crucial for UPSC aspirants as it provides insights into the protections afforded to legislative bodies from judicial intervention, underscoring the separation of powers essential for democratic governance. This knowledge is essential for both preliminary and main examinations, offering a deeper understanding of the constitutional framework that governs the interactions between different branches of government.