Restriction on discussing judges' conduct in the legislature
Also called: Article 121, Article 211 · Topic: Judiciary: Independence, Structure, Judicial Review and Activism · NCERT: Class 11, Ch 6 "Judiciary"
Meaning
The Constitution stops lawmakers from discussing how a judge behaves while doing their work. Parliament cannot discuss the conduct of a Supreme Court or High Court judge (Art. 121). A state legislature cannot discuss the conduct of a Supreme Court or High Court judge either (Art. 211). The one exception is in Parliament, when it debates a motion to remove the judge. This bar protects judges from political attack in the legislature, so they can decide cases without fear or favour.
Example
An MP who is unhappy with a High Court judgment cannot stand up in the Lok Sabha and attack the judge's conduct during an ordinary debate. Such a discussion becomes allowed only when a removal motion is being considered, as happened with the motion against Justice V. Ramaswami, which was voted on in May 1993.
Don't confuse with
- Contempt of court: contempt punishes people outside the legislature who disobey courts or lower their authority. Arts. 121 and 211 are rules for what can be debated inside the legislature.