Article 212 of the Indian Constitution prohibits courts from looking into legislative proceedings of the State Legislative.
The information that is presented on this page will educate you regarding the Article stated above.
What Is Article 212 Of The Indian Constitution?
According to Article 212 of the Constitution, the judicial branch is forbidden from reviewing the proceedings of the legislative. The Constitutional provisions of the said Article are outlined below in its two clauses.
- Any apparent procedural irregularity cannot be used to contest the legality of any proceedings in the Legislature of a State.
- No officer or member of the State Legislature who has been given authority by or pursuant to this Constitution to govern the conduct of business, to maintain order, or to regulate the procedure in the Legislature shall be subject to the jurisdiction of any court with respect to the exercise by him of such authority.
When the legislature and its officers are attacked on the basis of procedural irregularities, Article 212 of the constitution of India is meant to defend them.
In April 2016, Justices K M Joseph and VK Bist of the Uttarakhand High Court concluded that the said Article would not provide a shield when what is at risk is an action that is in violation of constitutional protections or of mandatory requirements of a statute.
When Article 212 Came Into Effect?
On June 10, 1949, the Assembly was presented with a draught of Article 186, which was designated as Article 212. It prohibited any court from looking into State Legislature sessions due to irregularities in the procedural process.
On June 10, 1949, without any discussion, Draft Article 186 was approved.
According to Article 212 of the Indian Constitution, the courts are not permitted to examine the legislative processes of the State Legislative.
What Is The Intent Of Article 212?
The purpose of Article 212 is to shield the legislature and its officers from legal challenges based on alleged irregularity of procedure.
Under Which Article Of The Indian Constitution, Judicial Review Cannot Be Used To Legislative Proceedings.
It is against the law for the courts in India to conduct an investigation into the legislative procedures that are carried out by the state legislature, as stated in Article 212 of the Indian Constitution.
Which Part Of The Indian Constitution Covers Article 212?
The Indian Constitution has a section devoted to state governments called Part 6. A provision pertaining to the State Legislature may be found in this section’s Chapter III. Article 208 through Article 212 make up this chapter and outline the legislative process in general.