Restriction on Discussion in State Legislature
Official heading: “Restriction on discussion in the Legislature.”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part VI, Article 211, printed page 97
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- Not yet checked
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1. In One Sentence
Article 211 imposes an absolute constitutional prohibition on discussing the judicial conduct of any Supreme Court or High Court judge in the State Legislature.
2. What It Means in Everyday Language
Article 211 secures the absolute independence of the higher judiciary from political attacks and pressure within State Legislatures.
Total Bar: The text provides unequivocally: "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."
Stricter than Parliament: At the Union level, Article 121 permits discussion on a judge's conduct when a motion for impeachment is actively under consideration in Parliament. In contrast, State Legislatures have NO impeachment powers whatsoever; therefore, Article 211 contains no exceptions and imposes an absolute, unconditional bar on judicial criticism.
3. Practical Illustrative Example
An MLA is outraged by a High Court judgment striking down a State quota policy and attempts to introduce a motion criticizing the integrity of the judge.
4. Important Limits, Qualifications & Exceptions
Article 211 insulates the higher judiciary from State legislative encroachment.
- Absolute, unconditional ban on discussing judicial conduct.
- Applies to both Supreme Court and High Court judges.
- Stricter than parliamentary rule (Article 121) because States hold no removal jurisdiction.
- Direct constitutional limit on freedom of speech under Article 194(1).
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 VI, Article 211, printed page 97 • 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.