New Delhi, March 29: The Supreme Court on Monday held that any irregularity in the proceedings of Parliament is beyond judicial review which cannot be challenged in courts.
“It is a right of each House of Parliament to be the sole judge of the lawfulness of its own proceedings. The Courts cannot go into the lawfulness of the proceedings of the Houses of Parliament,” a five-judge Constitution bench headed by Chief Justice K G Balakrishanan said.
The Bench refused to go into the validity of a Lok Sabha Speaker’s order of adjourning the proceeding in December 2003 and resuming it on January 29 next year. The Speaker had construed it to be continuation of the winter session and not the beginning of a new session which is required to be addressed by the President.
“The business transacted and the validity of proceeding (of the House) after the resumption of its sitting pursuant to the directions of the Speaker cannot be inquired into by the Courts,” the bench said in its 30-page judgement.
The bench said while it was open to the courts to scrutinise any illegal or unconstitutional procedure in Parliament, it could not do so if the complaint is regarding any procedural irregularity.
The apex court dismissed a petition filed by RPI(A) leader Ramdas Athawale, who had challenged the decision of the then Lok Sabha Speaker to treat the first meeting of the House in January 2004 as the continuation of the winter session which was adjourned sine die on December 23, 2003.
“The business transacted and the validity of proceedings after the resumption of sittings of the House pursuant to the directions of the speaker cannot be inquired into by the Courts. No decision of speaker can be challenged by a member of the House complaining of mere irregularity in procedure in the conduct of the business,” the bench said.
Athawale had contended that though the winter session was adjourned, it could not be termed as continuation when it met in January next year.
He had contended that the meeting of the House for the first time in each year has to be considered as the first sitting of Parliament requiring the address by the President to both the Houses.
-PTI