UP Lokayukta and Up-Lokayuktas (Amendment) Act, 2012 constitutional: SC

A Large Bench of the Supreme Court of India upheld the constitutional validity of the Uttar Pradesh Lokayukta and Up-Lokayuktas (Amendment) Act, 2012 (“Act”) against allegations of non-compliance with the constitutional procedure for passing a Bill.

The Government of the State of Uttar Pradesh introduced the Bill for an amendment in the form of a Money Bill in the State Legislature for extending the term of the Lokayukta from six to eight years.

The Court said, “The “proceeding of the Legislature” includes everything said or done in either House in the transaction of the Parliamentary Business, which in the present case is enactment of the Act. Further, Article 212 [Constitution of India] precludes the Courts from interfering with the presentation of a Bill for assent to the Governor on the ground of non-compliance with the procedure for passing Bills, or from otherwise questioning the Bills passed by the House. To put it clear, proceedings inside the Legislature cannot be called into question on the ground that they have not been carried on in accordance with the Rules of Business.”

“Even if it is established that there was some infirmity in the procedure in the enactment of the Act, in terms of Article 255 of the Constitution the matters of procedures do not render invalid an Act to which assent has been given to by the President or the Governor, as the case may be”, the Court added.

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