Constitution of India · Section Article 212

Courts not to inquire into proceedings of the Legislature

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. (2) No officer or member of the Legislature of a State in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in the Legislature shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers. CHAPTER IV.—LEGISLATIVE POWER OF THE GOVERNOR


Plain English Summary

This article ensures that courts cannot review or question the internal procedures or proceedings of a State Legislature. It means that if a law is passed by the State Legislature, courts generally cannot overturn it just because there was a minor procedural mistake in how the legislature conducted its business.

Key Points

  • Courts are barred from questioning the validity of proceedings in a State Legislature based on irregularities in procedure.
  • Officers or members of the Legislature who have specific powers to regulate procedure or maintain order within the Legislature are not subject to the jurisdiction of any court regarding the exercise of those powers.
  • This provides immunity to the legislative process from judicial scrutiny over internal procedural matters.

Why It Matters

This provision protects the autonomy and smooth functioning of the State Legislature, ensuring that legislative work can proceed without constant judicial interference over minor procedural errors.

Landmark Judgements

No major landmark judgements.

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