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By virtue of Article 122 and Article 212, the Speaker's decision cannot be questioned on any ground except :

  • A.Where it involves question of discipline
  • B.Where it involves an interpretation of the Constitution
  • C.Where it involves breach of privilege
  • D.Where it involves regarding expunged part of the proceedings

Answer: B

The key gives where it involves an interpretation of the Constitution.

Articles 122 and 212 bar the courts from questioning the validity of proceedings in Parliament or a state legislature on the ground of any alleged irregularity of procedure. The courts have held that this protects procedure only; a decision that is illegal or unconstitutional, or that turns on the meaning of the Constitution, can be examined. In Kihoto Hollohan (1992), for example, the Supreme Court held the Speaker's decisions on disqualification under the Tenth Schedule open to judicial review.

Questions of discipline, breach of privilege and expunging parts of the proceedings are matters of internal procedure and privilege that the House itself decides, so they are within the protection, not exceptions to it.

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