Part V - Parliament • Article

Article 121 Simplified: Restriction on discussion in Parliament

Article 121 protects the Judiciary. It says MPs cannot discuss or criticize how a judge behaves in court or the judgments they give. The only exception is when Parliament is actually voting to remove that judge.

Official Text

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 hereinafter provided.

Simple Meaning

Explain Like Ten

To keep judges fair and independent, politicians in Parliament are not allowed to complain about or debate how a judge does their job in court. The only time they can discuss a judge is if they are voting to impeach them.

Student Mode

Article 121 establishes a strict boundary between the Legislature and the Judiciary. It prohibits any discussion in Parliament regarding the conduct of a Supreme Court or High Court Judge in the discharge of their duties. The sole exception is when a substantive motion for presenting an address to the President for the removal (impeachment) of the judge is under consideration. This protects judicial independence from political pressure.

Example

Under Article 121, Members of Parliament cannot discuss or criticize a Supreme Court or High Court judge's decisions during a parliamentary session, unless there is an active motion to impeach that judge.

Key Takeaway

MPs cannot normally criticize judges in Parliament.

FAQs

Can Parliament debate a judgment of the Supreme Court?

Parliament can debate and pass laws to change the legal basis of a judgment, but under Article 121, MPs cannot discuss or criticize the personal conduct or character of the judges in the discharge of their duties.

What is the exception to the restriction in Article 121?

The only exception is when there is an active motion under consideration in Parliament to impeach and remove the judge (under Article 124(4)).