Therefore, the question is: If the Supreme Court cannot examine whether the Speaker gave the certificate correctly, what prevents a misuse of this provision to prevent scrutiny by the Rajya Sabha? To illustrate with an extreme example, if a Bill to amend the Indian Penal Code is certified as a Money Bill, is that decision final and not open to judicial scrutiny?
The Supreme Court has examined its powers of review under Articles 122 and 212 in the Raja Ram Pal case in 2007. This case pertained to the expulsion of some members of Parliament after they were found to have taken cash to ask questions in Parliament. The Court said: “The proceedings which may be tainted on account of substantive illegality or unconstitutionality, as opposed to those suffering from mere irregularity thus cannot be held protected from judicial scrutiny by Article 122(1)”.