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Madras High Court· 23 September 2026

Does Article 212 of the Constitution of India bar a challenge to irregular exercise of jurisdiction by a House but not one alleging want of jurisdiction?

Agri S.S.Krishnamurthy v. The Secretary
WP.29570/2026 · 2026:MHC:3892 · W.P.No.29570 of 2026
Coram: Justice G.Arul Murugan · Justice Sushrut Arvind Dharmadhikari
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Answer

Article 212 bars a challenge to irregular exercise of jurisdiction by a House but not one alleging want of jurisdiction.

Yes. Article 212 bars a challenge to irregular exercise of jurisdiction by a House but not one alleging want of jurisdiction. The immunity protects the House's proceedings from being reopened merely because a rule of procedure was, or is said to have been, departed from, while a proceeding suffering not from mere irregularity but from illegality would remain open to scrutiny in an appropriate court. (¶12)

Headnote

Constitution of India — Art.212 — Art.194 — Art.226 — Tamil Nadu Legislative Assembly Rules — r.104 — r.286 — Proceedings in the Legislature — Irregularity of procedure — Constitution of India — Art.212 — Internal procedure of the House — Beyond the reach of a writ court — Held: A complaint that a clause was incorporated into a Resolution without a separate motion, seconding, debate and division is a complaint about internal procedure, which Article 212 places beyond the reach of a writ court. (¶13, 14) Constitution of India — Art.212 — Want of jurisdiction — Illegality alone remains examinable — Held further: The immunity protects the House's proceedings from being reopened merely because a rule of procedure was departed from; only a proceeding suffering from illegality, and not mere irregularity, remains open to scrutiny. (¶12) Tamil Nadu Legislative Assembly Rules — r.104 — Voice vote — No separate vote on each sentence — Held further: A voice vote taken on a Resolution after its amended form has been read out to the House without objection is a valid vote on the Resolution in that form. (¶23) Constitution of India — Art.226 — Silence at the vote — Challenge not entertained — Held further: A Member who was present when an amendment was proposed, read out and voted upon, and who did not then object, cannot later ask a court to treat his own silence as a nullity. Writ petition dismissed. (¶25, 28)

Headnote

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In the Court's own words
Paragraph 12The aforesaid principle was elaborated in the Presidential Reference case, In re: Under Article 143, Constitution of India 3 (Special Reference No.1 of 1964), (commonly known as the Keshav Singh case), where the Court explained that the immunity conferred by Article 212 of the Constitution of India protects the House's proceedings from being reopened merely because a rule of procedure was, or is said to have been, departed from, while equally clarifying that a proceeding suffering not from mere 3 AIR 1965 SC 745 irregularity, but from illegality, would remain open to scrutiny in an appropriate court.
Acts & Sections
Art.212 Constitution of IndiaArt.194 Constitution of IndiaArt.226 Constitution of IndiaArt.122 Constitution of Indiar.104 Tamil Nadu Legislative Assembly Rulesr.286 Tamil Nadu Legislative Assembly Rules

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Also decided in this judgment
Is a complaint that a clause was incorporated into a Resolution without a separate motion and division barred by Article 212 of the Constitution of India?Is a voice vote on a Resolution whose amended form was read out without objection a valid vote in that form?Can a Member present when an amendment was proposed and voted upon later ask a court to treat his silence as a nullity?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections