Article 212 of the Costitution of India with Case law
📜 Article 212 of the Constitution of India – Courts Not to Inquire into Proceedings of the Legislature
âś… Text of Article 212:
(1) 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.
🧠Explanation:
Article 212 provides immunity to legislative proceedings of State Legislatures from judicial scrutiny, ensuring:
Separation of powers between Legislature and Judiciary.
Autonomy of legislatures in conducting their internal business.
âś… Key Points:
| Clause | Provision |
|---|---|
| (1) | Courts cannot question legislative proceedings for procedural irregularities. |
| (2) | Legislative officers/members (e.g., Speaker) have immunity for their actions regarding maintaining order/procedure. |
🛑 Note: This does not protect substantive illegality or unconstitutionality. If the legislature acts beyond its powers (e.g., violates fundamental rights), courts can intervene.
⚖️ Important Case Laws on Article 212:
1. Keshav Singh’s Case (Special Reference No. 1 of 1964)
Citation: AIR 1965 SC 745
Facts: Keshav Singh, a citizen, was punished for contempt by the U.P. Assembly.
Held:
Courts cannot interfere with procedural matters under Article 212(1).
But the legislature cannot violate fundamental rights or act maliciously under the shield of Article 212.
2. Raja Ram Pal v. Hon'ble Speaker, Lok Sabha
Citation: (2007) 3 SCC 184
Held:
Though Article 212 limits judicial review, gross illegality or substantial constitutional violations in legislative actions can be reviewed by courts.
Distinguished between procedural irregularity (not reviewable) and illegality/violation of constitutional provisions (reviewable).
3. P.V. Narasimha Rao v. State (CBI/SPE)
Citation: (1998) 4 SCC 626
Held:
Parliamentary (and by analogy, State legislative) privileges do not grant immunity from criminal liability, except in the context of legislative duties.
Clarified that Article 212 immunity is not absolute.
4. Mohd. Saeed Siddiqui v. State of U.P.
Citation: (2014) 11 SCC 415
Held:
Article 212 protects the procedure followed in the legislature, even if the procedure is irregular.
However, courts can still examine whether the bill passed is a Money Bill or not, as that is a constitutional issue, not a procedural one.
🔍 Comparison with Article 122 (Parliament):
| Feature | Article 212 (State Legislatures) | Article 122 (Parliament) |
|---|---|---|
| Scope | State Legislature immunity | Parliament immunity |
| Judicial bar | On procedural matters only | Same principle |
| Officers covered | Speaker, Deputy Speaker, etc. | Speaker, Chairperson, etc. |
đź“š Summary Table:
| Feature | Description |
|---|---|
| Article | 212 |
| Type | Immunity provision |
| Scope | Proceedings and officers of State Legislatures |
| Bar on courts | From inquiring into procedural irregularities only |
| Not immune from | Substantive illegality, violation of constitutional rights |
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