📜 Article 211 of the Indian Constitution
Title: Restriction on discussion in the Legislature
🔹 Text Summary:
Article 211 places a restriction on the discussions in the State Legislature by prohibiting members from making allegations or references to the conduct of judges of the High Court or the Supreme Court, except on a motion for their removal.
📌 Exact Provision:
“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, except upon a motion for presenting an address to the President praying for the removal of the Judge as hereinafter provided.”
🧠 Key Takeaways:
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Ensures respect and independence of the judiciary by protecting judges from being criticized or discussed casually in State Assemblies.
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Members cannot question or debate the conduct of judges in their official duties during routine proceedings.
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An exception exists:
✅ A judge’s conduct can be discussed only if there is a formal motion for their removal under the impeachment process.
📌 Why It Matters:
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Maintains separation of powers between the Legislature and Judiciary.
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Avoids politicization of judicial roles.
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Mirrors Article 121, which imposes the same restriction in Parliament.
⚖️ Related Articles:
| Article | Subject |
|---|---|
| 121 | Restriction in Parliament on discussing judges |
| 124(4) | Procedure for removal of a Supreme Court judge |
| 217 | High Court judge appointment and removal |
| 211 | Restriction in State Legislature on judges |
🏛️ Real Example:
If a Member of Legislative Assembly (MLA) wants to criticize a High Court judgment, they cannot discuss the judge's conduct in the Assembly under Article 211 — unless it’s part of a proper motion for removal.
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