Restriction on Discussion of Judicial Conduct in Parliament
Official heading: “Restriction on discussion in Parliament”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part V, Article 121, printed page 56
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1. In One Sentence
Article 121 prohibits any discussion in Parliament regarding the judicial conduct of Supreme Court or High Court judges, except upon a formal motion for their removal presented to the President.
2. What It Means in Everyday Language
Article 121 establishes a vital constitutional barrier safeguarding the independence of the higher judiciary from political intimidation or retaliatory legislative harassment.
It strictly prohibits any discussion in either House of Parliament with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of their judicial duties.
The sole constitutional exception occurs when an address is presented to the President praying for the removal of a judge under Article 124(4) (impeachment proceedings for proved misbehaviour or incapacity).
Outside formal removal motions, MPs cannot use the floor of Parliament to attack judicial verdicts, accuse judges of bias, or debate their official courtroom actions. This is reinforced by Article 211, which imposes an even stricter ban on State Legislatures.
3. Practical Illustrative Example
Discontented with a Supreme Court ruling on a major social policy, an MP attempts to introduce a resolution condemning the presiding Chief Justice's reasoning.
4. Important Limits, Qualifications & Exceptions
Article 121 protects judicial independence by immunizing judges from parliamentary censure.
- Absolute bar on discussing higher court judicial conduct during ordinary proceedings.
- Applies to all Judges of the Supreme Court and State High Courts.
- Sole exception: Impeachment motions under Article 124(4).
- Counterpart to Article 122: Mutual non-interference between Legislature and Judiciary.
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Government of India (Legislative Department, Ministry of Law and Justice) • Part V, Article 121, printed page 56 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.