25/02/2025
A ‘Legislative Decision’, is the culmination of the legislative procedure the formal expression of the will of the House on a given matter. While Proceedings of the Legislature provide the framework within which members exercise their deliberative functions, the 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.
The prohibition under Article 212(1) operates only with respect to the scrutiny of ‘Proceedings in the Legislature’ on the touchstone of ‘Irregularity of Procedure’. It does not oust the power of judicial review of the decisions of the Legislature, whether Legislative or Administrative, on the grounds of illegality or unconstitutionality. The Report recommending the expulsion of the Petitioner was made by the Ethics Committee in the discharge of its administrative functions. These functions have been assigned in the Rules framed by the State Legislature under Article 208 of the Constitution.
The distinction between legislative and administrative functions is well recognized in constitutional jurisprudence. When a legislative body frames rules under Article 208 and subsequently enforces them through disciplinary measures, such enforcement is an exercise of administrative power rather than legislative power. It is well established 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. Held, the action of the Ethics Committee neither forms part of the ‘Proceedings of the Legislature’ nor is it tantamount to a ‘Legislative Decision’.
---------- Dr. Sunil Kumar Singh v. Bihar Legislative Council,
Writ Petition (Civil) No. 530 of 2024 : 2025 INSC 264.
(SC: February 25, 2025 : Paras 14-19)