Part VI: The State Legislature

Restriction on Discussion in the State Legislature

Article 211: Judicial Conduct and Legislative Restraint

--- Original Article ---

No discussion shall take place in the Legislature of a State with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties.

Explanations

Article 211 of the Indian Constitution is a critical provision designed to protect judicial independence by restricting discussions in State Legislatures on the conduct of judges of the Supreme Court and High Courts. This restriction preserves the impartiality and dignity of the judiciary, preventing potential influence or bias from legislative bodies.

Clause-by-Clause Breakdown

Restriction on Judicial Conduct Discussions

This provision mandates that no discussions in the State Legislature shall pertain to the conduct of judges concerning their judicial duties. This measure ensures the judiciary’s independence and prevents the legislature from using its platform to unduly criticize judicial actions, thus maintaining the balance of power and respect among government branches.

Real-Life Examples

• In cases where a State’s legislation is struck down by the High Court, legislators may feel frustration but cannot legally discuss the conduct of the judge responsible for the decision within the legislative assembly.
• During judicial review of executive actions, Article 211 prevents members of the State Legislature from openly questioning or debating the judge’s character or conduct in legislative discussions, preserving judicial independence.

Historical Context

Article 211 was inspired by the principle of judicial independence enshrined in many democratic constitutions worldwide. This concept reflects the need to shield judges from political pressure, ensuring unbiased and fair adjudication. By embedding this protection within the Constitution, the framers acknowledged the importance of separating legislative influence from judicial conduct.

Legislative History

Initially introduced as Draft Article 185, Article 211 was debated on June 10, 1949. The Constituent Assembly was largely in favor of protecting judicial conduct from legislative criticism, acknowledging the risk of judicial decisions being unduly influenced by political considerations. This article was adopted to preserve judicial independence, reflecting democratic principles essential for maintaining the judiciary’s role as a neutral arbiter.

Debates and Amendments

During the debate on Draft Article 185, Mr. B. Das argued that provincial legislatures should be able to question the conduct of High Court judges, citing the importance of accountability. He suggested that State Legislatures should be permitted to scrutinize the actions of judges, similar to how Parliament oversees the Supreme Court.

However, Shri T. T. Krishnamachari emphasized the importance of judicial independence, cautioning that allowing such discussions could undermine the authority and neutrality of the judiciary. He proposed omitting clause (2) of Draft Article 185, which initially permitted some discussion on judicial conduct, to align with the standards of judicial respect present in other democratic systems.

The motion to delete clause (2) was ultimately adopted, and Draft Article 185 was incorporated as Article 211 in its final form, barring any discussions on judicial conduct within State Legislatures.

References

• The Constitution of India - Article 211.
• Constituent Assembly Debates on Draft Article 185.
• Legal Commentary on Judicial Independence in India’s Constitution.