Courts Not to Inquire into Proceedings of Parliament
Official heading: “Courts not to inquire into proceedings of Parliament”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part V, Article 122, printed page 56
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1. In One Sentence
Article 122 prohibits courts from questioning the validity of parliamentary proceedings on grounds of procedural irregularity, and immunizes parliamentary officers from court jurisdiction regarding their internal powers.
2. What It Means in Everyday Language
Article 122 mirrors Article 121 to complete the constitutional doctrine of mutual respect and separation of powers between the Judiciary and the Legislature.
Clause (1) provides that the validity of any proceeding in Parliament shall not be called in question in any court on the ground of any alleged irregularity of procedure.
Clause (2) immunizes parliamentary officers: no officer or Member of Parliament in whom powers are vested for regulating procedure, conduct of business, or maintaining order shall be subject to the jurisdiction of any court in respect of the exercise of those powers.
Landmark Judicial Nuance: In Raja Ram Pal v. Hon'ble Speaker, Lok Sabha (2007), the Supreme Court clarified that while courts cannot intervene for mere 'irregularity of procedure', proceedings that suffer from 'substantive illegality', 'unconstitutionality', or patent violation of fundamental rights are NOT immune from judicial review.
3. Practical Illustrative Example
A citizen petitions the High Court to invalidate an Act of Parliament because the Speaker allegedly miscounted voice votes during a chaotic second reading.
4. Important Limits, Qualifications & Exceptions
Article 122 insulates internal parliamentary functioning from judicial interference.
- Shields parliamentary proceedings from judicial inquiry regarding procedural irregularities.
- Immunizes presiding officers and parliamentary staff exercising internal disciplinary powers.
- Does not protect substantive unconstitutionality or violation of fundamental constitutional rules.
- Secures institutional autonomy and mutual restraint between judiciary and legislature.
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Government of India (Legislative Department, Ministry of Law and Justice) • Part V, Article 122, printed page 56 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.