Actual Article
Article 121: Restriction on discussion in Parliament
No discussion shall take place in Parliament 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 herein after provided.
UPSC Notes for Article 121
Explanation:
- Restriction on Discussion:
- Prohibits discussions in Parliament regarding the conduct of judges of the Supreme Court or High Courts in the discharge of their duties.
- Discussions on the conduct of judges are only permitted when they are part of a motion to present an address to the President for the removal of a judge.
- Exception for Removal:
- Discussions about a judge’s conduct are allowed if they are part of the formal process to initiate the removal of a judge, following the procedures laid out in the Constitution.
Key Points:
- Judicial Independence: Protects the judiciary from undue influence and criticism from the legislative branch, maintaining its independence.
- Formal Removal Process: Ensures that any discussion about a judge’s conduct is serious and part of a formal process aimed at their removal, preventing frivolous or malicious attacks on judges.
- Balance of Powers: Maintains a clear separation of powers between the judiciary and the legislature, ensuring mutual respect and accountability.
Important Cases and Commissions Related to Article 121
Cases:
- Sub-Committee on Judicial Accountability vs. Union of India (1991): Emphasized the importance of judicial independence and outlined the procedure for the removal of judges.
- Indira Gandhi vs. Raj Narain (1975): Discussed the separation of powers and the importance of maintaining judicial independence from legislative overreach.
Commissions:
- Law Commission of India: Various reports have emphasized the need for maintaining judicial independence and the importance of protecting judges from undue influence or criticism from other branches of government.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Suggested reforms to ensure the integrity and independence of the judiciary, including provisions related to the conduct and removal of judges.
Previous Year Prelims Questions Related to Article 121
- (UPSC Prelims 2018) Which of the following statements about Article 121 is correct?
- A. It allows Parliament to discuss the conduct of judges in their professional capacity.
- B. It restricts Parliament from discussing the conduct of judges except for removal procedures.
- C. It allows for open debate on judicial conduct in Parliament.
- D. It mandates that judges be removed by the judiciary itself. Correct Answer: B. It restricts Parliament from discussing the conduct of judges except for removal procedures.
- (UPSC Prelims 2020) Discussions regarding the conduct of judges in Parliament are restricted under which Article?
- A. Article 120
- B. Article 121
- C. Article 122
- D. Article 123 Correct Answer: B. Article 121
Previous Year Mains Questions Related to Article 121
- Mains 2017: “Discuss the significance of Article 121 in maintaining the independence of the judiciary. How does this article ensure that judges are protected from undue legislative criticism?”
- Mains 2019: “Analyze the role of Article 121 in the context of the separation of powers between the judiciary and the legislature. How does this provision contribute to the balance of power in the Indian Constitution?”
Additional Insights:
- Ensuring Fairness: Article 121 ensures that judges can perform their duties without fear of unwarranted criticism or interference from the legislature, thereby promoting fairness in judicial proceedings.
- Formal Safeguards: By limiting discussions about judicial conduct to formal removal proceedings, the article ensures that any allegations against judges are treated with the seriousness and due process they deserve.
- Mutual Respect: The restriction fosters mutual respect between the judiciary and the legislature, which is essential for the smooth functioning of a democratic system based on the separation of powers.
Understanding Article 121 is crucial for UPSC aspirants as it outlines the restrictions on parliamentary discussions about the conduct of judges, ensuring judicial independence and upholding the balance of power within India’s constitutional framework. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the provisions that protect the judiciary from legislative overreach.