Home The Constitution Part V Article 122

Art. 122 Part V: The Union

Courts Not to Inquire Into Proceedings of Parliament

Exact text — Constitution of India

(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.

In Plain English

What this Article actually means

This Article establishes a significant judicial hands-off zone — courts cannot question Parliament's internal proceedings merely for alleged PROCEDURAL irregularity, and officials exercising internal House regulatory/order-maintaining powers (like the Speaker) aren't subject to court jurisdiction for that specific function, protecting Parliament's internal self-governance from ordinary judicial second-guessing.

Why This Matters To You

How it shows up in everyday life

This is a key separation-of-powers principle — while courts can review whether a LAW Parliament passes is constitutionally valid, they generally can't intervene in questions about whether Parliament followed its own internal procedural rules correctly in getting there, respecting the legislature's autonomy over its own internal functioning.

Read alongside this one

Art. 105 — Powers, Privileges, etc., of the Houses of Parliament

Frequently Asked

Quick answers about Article 122

Does this mean courts can never review anything connected to Parliament's internal functioning?

There's an important distinction courts have drawn — pure procedural irregularity claims are generally off-limits, but SUBSTANTIVE constitutional violations (like whether the Tenth Schedule's anti-defection disqualification was properly applied, per Kihoto Hollohan) can still be judicially reviewed, since that's not merely a procedural technicality.

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The text above reproduces Article 122 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.