Part V: The Union

Restriction on Discussion in Parliament

Article 121

--- Original Article ---

No discussion shall take place in Parliament with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties except upon a motion for presenting an address to the President praying for the removal of the Judge as hereinafter provided.

Explanations

Article 121 of the Constitution of India imposes a specific restriction on discussions in Parliament regarding the conduct of Judges of the Supreme Court and High Courts in the discharge of their duties. This article ensures the protection of judicial independence by restricting unfounded or casual criticism of judges by lawmakers. This protection can only be waived under specific circumstances related to the impeachment of a judge.

Clause Heading

Restriction on Parliamentary Discussions Regarding Judges’ Conduct

Article 121 prevents Parliament from engaging in discussions related to the professional conduct of any Judge of the Supreme Court or a High Court. The only exception to this rule is when a formal motion for the removal of a judge is presented, as provided in Articles 124(4) and 217(1)(b). This ensures that any debates on the judiciary’s conduct are structured, based on legitimate concerns, and follow the process outlined for impeachment.

Amendments

There are no specific amendments made to Article 121. However, its relevance is tied to the provisions regarding the removal of judges, particularly Articles 124(4), 124A, and the Judges (Inquiry) Act, 1968, which provide for the procedure of impeachment.

Real-Life Examples

• In 2018, a motion was submitted in the Rajya Sabha for the impeachment of Chief Justice of India (CJI) Dipak Misra. The discussion about the Chief Justice's conduct was only initiated in the context of an impeachment motion, underscoring the protective nature of Article 121.

Historical Significance

The inclusion of Article 121 stems from the Constituent Assembly's debates, where the founding members emphasized the necessity of safeguarding the independence of the judiciary. This article preserves the separation of powers by shielding judges from undue influence or personal attacks in the political arena.

Legislative History

Article 121 of the Indian Constitution, primarily defined and debated as Article 100 of the Draft Constitution on May 23, 1949, and October 13, 1949, was ultimately integrated into the Indian Constitution.

Debates and Amendments

On May 23, 1949, and October 13, 1949, the Constituent Assembly did not engage in extensive discussions or debates on this article, aside from some verbal amendments. All proposals related to this article were rejected, and the original draft was incorporated into the final text of the Indian Constitution.

References

• The Constitution of India - Article 121, Restriction on Discussion in Parliament.
• The Judges (Inquiry) Act, 1968.
• Constituent Assembly Debates - Discussions on Article 100 (Draft Article 100).
• Basu, D.D. "Commentary on the Constitution of India".
• Jain, M.P., "Indian Constitutional Law".