March 29, 2010 8:09 PM

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Irregularity in parliamentary proceedings beyond judicial review: SC

The Supreme Court today held that any irregularity in the proceedings of Parliament is beyond judicial review which cannot be challenged in courts.<br/>A five-judge Constitution bench headed by Chief Justice K G Balakrishanan said that it is a right of each House of Parliament to be the sole judge of the lawfulness of its own proceedings and the Courts cannot go into the lawfulness of the proceedings of the Houses of Parliament. 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.<br/>The bench said in its 30-page judgement, that the business transacted and the validity of proceeding after the resumption of its sitting pursuant to the directions of the Speaker cannot be inquired into by the Courts. <br/>The bench said while it was open to the courts to scrutinise any illegal or unconstitutional procedure in Parliament, it coiuld not do so if the complaint is regarding any procedural irregularity.<br/>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.<br/>

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