'Legislative Decisions' Not Immune From Judicial Review; Protection Under Article 212(1) Only For 'Proceedings In Legislature' : Supreme Court

Drawing a distinction between 'legislative decisions' and 'proceedings in the Legislature', the Supreme Court in a recent judgment has held that while 'proceedings in the Legislature' are immune from review based on allegation of 'procedural irregularities', there is no absolute bar on judicial review of 'legislative decisions'.

A bench of Justices Surya Kant and NK Singh made the observation in the judgment setting aside the expulsion of RJD MLC Sunil Kumar Singh from the Bihar Legislative Council for alleged derogatory remarks against State's Chief Minister Nitish Kumar.

Briefly put, the issue arose as respondent-Bihar Legislative Council challenged maintainability of Singh's writ petition against his expulsion based on Article 212(1) of the Constitution of India, which bars any enquiry regarding any proceeding in the Legislature on the grounds of alleged irregularity of procedure. It was the Council's case that the decision of the Ethics Committee (constituted by the House) was shielded by the immunity provided under Article 212(1).

The argument, however, did not find favor with the Court, which was of the view that it could not have been the intent of the lawmakers to "circumscribe Constitutional Courts unconditionally from scrutinising the validity of the actions of the Legislature, which may encroach upon the Fundamental Rights of the members and/or citizens". Even otherwise, the Court found that the action of the Ethics Committee neither formed part of 'Proceedings in the Legislature' nor tantamount to a 'Legislative Decision'.

Expounding on the terms 'Proceedings in the Legislature' and 'Legislative Decision', the Court said that the two represent distinct concepts, each serving a different function in the law-making process. The scope of the terms was explained thus:

Proceedings in the Legislature: These comprise the formal steps, debates, and motions undertaken to facilitate deliberations within the House. It is a structured mechanism that ensures due consideration of a proposed measure, allowing for discussion, amendment, and scrutiny before reaching a final resolution. These procedural steps are not ends in themselves but are designed to channel legislative discourse towards a definitive outcome. Article 212(1) of the Constitution provides immunity for the manner of such proceedings, and hence, Constitutional Courts would exercise restraint when such proceedings are called into question on the grounds of procedural irregularity.

Legislative Decision: This is the culmination of the legislative procedure - the formal expression of the will of the House on a given matter. While 'Proceedings in the Legislature' provide the framework within which members exercise their deliberative functions, a 'Legislative Decision' is the authoritative determination that follows such deliberation. These decisions of the Legislature, though emanating from a coordinate branch of Government, are not immune from scrutiny by Constitutional Courts. Judicial review of Legislative Decisions is not an encroachment upon legislative dominion but a necessary safeguard to uphold constitutional supremacy. 

In the facts of the case, it was noted that the Ethics Committee prepared the report recommending Singh's expulsion in discharge of its administrative functions, which did not constitute 'legislative functions' of the House.

Referring to Ashish Shelar v. The Maharashtra Legislative Assembly, the Court reiterated that administrative actions, even when undertaken by legislative bodies or their committees, are subject to judicial review where they affect the rights and interests of individuals.

Noting that it was not concerned with the procedure adopted by the Ethics Committee or the House while making or acting on the recommended expulsion, the Court concluded that the impugned action - resulting in civil consequences for Singh - could not remain immune from judicial review under the pretext of legislative privilege. Accordingly, the respondents' challenge to maintainability of the petition was rejected.

Case Details: SUNIL KUMAR SINGH v. BIHAR LEGISLATIVE COUNCIL AND ORS., W.P.(C) No. 530/2024

Citation : 2025 LiveLaw (SC) 244

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