Revisiting Articles 211 to 214 of the Indian Constitution: A Discussion on Relevance and Case Laws in the Modern Era

Revisiting Articles 211 to 214 of the Indian Constitution: A Discussion on Relevance and Case Laws in the Modern Era

Introduction:

The Indian Constitution, adopted in 1950, provides the framework for the functioning of the country's democratic system. Articles 211 to 214 of the Constitution deal with certain aspects of the legislative process and the powers and privileges of the State Legislatures. In this article, we delve into a discussion on the relevance of these articles in the modern era, exploring their significance in light of relevant case laws.

Article 211: Restriction on discussion in the State Legislature

Article 211 restricts courts from inquiring into proceedings of the State Legislature. While this provision serves as a safeguard to preserve the autonomy and integrity of the legislative process, it is essential to strike a balance between legislative privilege and judicial oversight. The Supreme Court, in the case of P.V. Narasimha Rao v. State (1998), emphasized that judicial review can be exercised if there are allegations of mala fide, violation of constitutional provisions, or procedural irregularities in legislative proceedings.

Article 212: Courts not to inquire into proceedings of the Legislature

Article 212 protects the freedom of speech and expression of legislators within the legislature. However, it does not provide absolute immunity from prosecution for acts committed within the legislature. The Supreme Court, in the case of Keshav Singh v. Speaker, Legislative Assembly (1965), held that a legislator can be prosecuted for his/her actions even if they are within the purview of the legislature, provided they are not directly connected with the proceedings of the House.

Article 213: Power of the Governor to promulgate ordinances

Article 213 grants the Governor the power to promulgate ordinances when the State Legislature is not in session. While this provision allows for urgent legislation, its misuse or frequent use by the Executive can undermine the principle of separation of powers. In the case of Krishna Kumar Singh v. State of Bihar (2000), the Supreme Court held that the Governor's power to promulgate ordinances is not absolute and can be subject to judicial review if there is a violation of constitutional provisions or if the exercise of power is mala fide.

Article 214: High Courts for States

Article 214 establishes High Courts for States, which play a crucial role in the administration of justice. The provision empowers the President to establish a common High Court for two or more States or for two or more States and a Union territory. This flexibility ensures efficient judicial administration, minimizing costs and delays. The Supreme Court, in the case of State of Karnataka v. Union of India (1977), held that the creation of a common High Court does not infringe upon the federal structure of the Constitution, provided it is done after consulting the Chief Justice of India.

Conclusion:

As India's legal and political landscape evolves, it becomes imperative to reexamine the relevance and application of constitutional provisions. Articles 211 to 214 of the Indian Constitution address significant aspects of the legislative process and the powers and privileges of State Legislatures. While these provisions have stood the test of time, it is necessary to interpret and apply them in a manner that aligns with the contemporary needs of a democratic society.

Through relevant case laws, the judiciary has provided valuable insights into the interpretation and scope of these articles, ensuring a delicate balance between legislative privilege and the need for transparency and accountability. As India progresses in the modern era, the judiciary's role in upholding the sanctity of the legislative process and protecting citizens' rights remains crucial for a vibrant democracy.