Article 122: Courts not to inquire into proceedings of Parliament

Leading cases

• Kihoto Hollohan v. Zachillhu (1992)The majority upheld the Tenth Schedule (anti-defection law) except Paragraph 7, which was invalid for want of ratification and severable; Speakers' disqualification decisions are subject to limited judicial review.

Questions on this article

5 questions in 12 of our papers cite Article 122. Try these from the free papers:

1. 1. Consider the following statements regarding the Tenth Schedule: 1. All proceedings under paragraph 6(1) on a question of disqualification are deemed to be proceedings in Parliament within the meaning of Article 122 or, as the case may be, proceedings in the State Legislature within the meaning of Article 212. 2. The rules for giving effect to the Schedule are made by the President after consulting the Election Commission. 3. Rules made under paragraph 8 are laid before the House for a total period of thirty days and, unless sooner approved or disapproved, take effect on the expiry of that period. Which of the statements given above is/are correct?

   A.1, 2 and 3B.1 and 3 onlyC.1 and 2 onlyD.3 only
   Show answer

2. 2. Assertion (A): The validity of any proceedings in Parliament cannot be called in question in a court on the ground of an alleged irregularity of procedure. Reason (R): No officer or member of Parliament in whom powers are vested for regulating procedure or the conduct of business, or for maintaining order, in Parliament is subject to the jurisdiction of any court in respect of the exercise of those powers.

   A.Both A and R are true, and R is the correct explanation of AB.Both A and R are true, but R is not the correct explanation of AC.A is true, but R is falseD.A is false, but R is true
   Show answer