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What Is Constitution Of India Article 122?

Answer By law4u team

Constitution of India Article 122: Courts Not to Inquire into Proceedings of Parliament

(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.

Brief Detail

Article 122 restricts courts from questioning the validity of Parliament's proceedings based on alleged procedural irregularities. It further ensures that the officers or members of Parliament who are entrusted with powers to regulate procedures, conduct business, or maintain order within Parliament cannot be held accountable in any court for their actions while exercising these powers. This provision reinforces the autonomy of Parliament to manage its internal affairs without judicial interference.

Question & Answers

Can a court question the validity of Parliament's proceedings?

No, under Article 122, the validity of any proceedings in Parliament cannot be questioned in a court of law on the grounds of alleged irregularities in the procedure.

Are officers or members of Parliament accountable in courts for their conduct during Parliamentary proceedings?

No, officers or members of Parliament vested with powers to regulate proceedings or maintain order in Parliament are not subject to the jurisdiction of any court for actions performed while exercising these powers.

Example

If there is a claim that the Speaker of the House of the People improperly regulated debate during a session, the courts cannot intervene or invalidate the Speaker's decision under Article 122, as it falls within the Speaker's authority to manage the proceedings of the House.

Summary

Article 122 ensures the independence of Parliament's proceedings by preventing courts from scrutinizing its validity based on procedural irregularities. Additionally, Parliament's officers or members exercising their powers within the legislative process are protected from judicial scrutiny, safeguarding the autonomy of Parliament's internal functions.

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