2010 (3) TMI 1077 - SC - Indian Laws

Whether validity of the proceedings in the Lok Sakha commencing from 29th January, 2004 be challenged on the ground that the President has not addressed both Houses of Parliament as envisaged under Article 87 of the Constitution?

Summary

Issues Involved:
1. Validity of the proceedings in the Lok Sabha commencing from 29th January 2004.
2. Interpretation of Article 87(1) of the Constitution regarding the President's address.
3. Judicial review of the Speaker's decision under Article 32 of the Constitution.
4. Applicability of Article 122 regarding the validity of parliamentary proceedings.
5. Infringement of fundamental rights under Article 32.

Detailed Analysis:

1. Validity of the Proceedings in the Lok Sabha:
The petitioner challenged the validity of the Lok Sabha proceedings starting from 29th January 2004, arguing that the President did not address both Houses of Parliament as required under Article 87(1) of the Constitution. The petitioner contended that the session commencing on 29th January 2004 was the first session of the year, necessitating a Presidential address.

2. Interpretation of Article 87(1):
The petitioner argued that Article 87(1) mandates the President to address both Houses at the commencement of the first session each year. The Attorney General countered that the session starting on 29th January 2004 was a continuation of the Winter Session that began on 2nd December 2003 and was adjourned sine die on 23rd December 2003. Therefore, it did not constitute a new session requiring a Presidential address. The Court agreed with this interpretation, stating that the resumed sittings on 29th January 2004 were merely a continuation of the same session and not a new session.

3. Judicial Review of the Speaker's Decision:
The petitioner questioned the Speaker's decision to resume the sittings of the Lok Sabha without a Presidential address. The Court examined whether such a decision is subject to judicial review under Article 32. The Court held that under Article 122, the validity of parliamentary proceedings cannot be questioned on the grounds of procedural irregularity. The Speaker's decision to resume sittings was deemed a procedural matter, not subject to judicial scrutiny.

4. Applicability of Article 122:
Article 122 precludes courts from inquiring into the validity of parliamentary proceedings based on procedural irregularities. The Court emphasized that the Speaker's direction to resume sittings falls within the procedural domain of Parliament and is immune from judicial review. The Court reiterated that the Speaker's role includes regulating the procedure and conduct of business in the House, and such decisions are final and binding.

5. Infringement of Fundamental Rights:
The Court noted that the petitioner did not allege any infringement of fundamental rights guaranteed under Part III of the Constitution. The Court reiterated that Article 32 is applicable only for the enforcement of fundamental rights. Since no fundamental rights were claimed to be violated, the petition under Article 32 was deemed not maintainable.

Conclusion:
The Court dismissed the writ petition, concluding that:
- The resumed sittings on 29th January 2004 were a continuation of the Winter Session and did not require a Presidential address under Article 87(1).
- The Speaker's decision to resume sittings was a procedural matter, immune from judicial review under Article 122.
- The petition did not involve any infringement of fundamental rights, making it non-maintainable under Article 32.

The judgment underscores the constitutional balance between the Legislature, Executive, and Judiciary, emphasizing the autonomy of parliamentary procedures and the limited scope of judicial intervention in such matters.