Introduction

Article 122 of the Indian Constitution is a crucial provision that establishes the principle of separation of powers between the judiciary and the legislature. It states that the courts shall not inquire into the proceedings of Parliament, thereby safeguarding the autonomy and integrity of the legislative process. This article plays a significant role in maintaining the balance of powers and upholding the democratic values enshrined in the Constitution.

The Purpose of Article 122

The purpose of Article 122 is to protect the freedom and independence of the legislative branch of the government. It ensures that the courts do not interfere with or question the internal proceedings of Parliament, including debates, discussions, voting, and decision-making. This provision recognizes the supremacy of Parliament in its own domain and prevents any unwarranted judicial interference that may hinder the functioning of the legislature.

Scope of Article 122

Article 122 applies to all proceedings of Parliament, including both Houses - the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). It covers all aspects of parliamentary proceedings, such as the introduction and passage of bills, discussions on policy matters, and the conduct of business during sessions. The provision extends to all stages of the legislative process, from the introduction of a bill to its final enactment.

Exceptions to Article 122

While Article 122 prohibits the courts from inquiring into parliamentary proceedings, it does not mean that the actions of the legislature are immune from judicial scrutiny in all circumstances. There are certain exceptions to this provision, which allow the courts to intervene in specific situations: 1. Violation of Constitutional Provisions: The courts can intervene if any action of Parliament violates the provisions of the Constitution. If a law passed by Parliament is found to be unconstitutional or infringing upon fundamental rights, the judiciary has the power to declare it null and void. 2. Procedural Irregularities: If there are procedural irregularities or violations of parliamentary rules during the passage of a bill, the courts may intervene to ensure that due process is followed. However, the courts do not interfere with the merits of the legislation itself. 3. Privilege Matters: In cases involving parliamentary privileges, where the rights and immunities of members of Parliament are at stake, the courts can step in to protect these privileges and ensure their proper interpretation. 4. Electoral Disputes: The courts have jurisdiction over electoral disputes related to the election of members of Parliament. If there are allegations of electoral malpractices or violations of electoral laws, the judiciary can examine these matters and provide appropriate remedies.

Significance of Article 122

Article 122 is of immense significance as it ensures the separation of powers and maintains the independence of the legislature. It prevents judicial interference in parliamentary proceedings, allowing the elected representatives to freely debate and deliberate on issues without fear of legal repercussions. This provision also serves to protect the dignity and autonomy of Parliament, enabling it to function as the supreme law-making body of the nation. By insulating the proceedings of Parliament from judicial scrutiny, Article 122 upholds the principle of checks and balances within the constitutional framework. It prevents any one branch of government from encroaching upon the powers and functions of another, thereby preserving the democratic fabric of the nation.

Conclusion

Article 122 of the Indian Constitution plays a vital role in maintaining the separation of powers and upholding the democratic ideals of the nation. By prohibiting the courts from inquiring into parliamentary proceedings, this provision ensures the independence and autonomy of the legislature. While there are exceptions to this rule, they are limited to specific circumstances where constitutional provisions, procedural irregularities, parliamentary privileges, or electoral disputes are involved. Overall, Article 122 serves as a cornerstone of the Indian democratic system, safeguarding the integrity of the legislative process and preserving the balance of powers.