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What is Article 121 of indian constitution

 

Article 121 of the Indian Constitution

Title: Restriction on discussion in Parliament


📜 What Article 121 Says:

"No discussions shall take place in Parliament with respect to the conduct of any judge of the Supreme Court or a High Court in the discharge of his duties, except upon a motion for presenting an address to the President for the removal of the judge as per Article 124(4) or 217."


Key Points Explained:

  1. No General Discussion on Judges' Conduct:

    • Parliament members cannot discuss the behavior or conduct of a Supreme Court or High Court judge in the normal course of debate or proceedings.

  2. Exception – Impeachment Motion:

    • Such discussion is allowed only when a formal motion is moved for the removal (impeachment) of a judge under:

      • Article 124(4) – for Supreme Court judges

      • Article 217 – for High Court judges

  3. Purpose:

    • To protect the independence of the judiciary from political influence.

    • To maintain respect and dignity of judicial institutions.

    • To avoid misuse of Parliamentary privilege to defame judges.


🏛️ Why Article 121 is Important:

  • Safeguards judicial independence, a core principle of democracy.

  • Prevents unfounded or politically motivated criticism of judges in Parliament.

  • Ensures that the removal of judges follows due constitutional process and not casual or political debate.


🧾 Example:

If a judge of the High Court delivers a controversial judgment, MPs cannot start discussing or criticizing the judge's conduct in Parliament.
They can only raise the issue if they formally move an impeachment motion, backed by required signatures and procedure.