The Constitution of India
Article 211
Restriction on discussion in the Legislature
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.
Why this exists
This provision protects judicial independence by preventing state legislators from putting pressure on judges through open criticism or debate on the floor of the House. Judges must decide cases based on law and facts, without fear of being publicly targeted by politicians for their rulings. The only constitutionally sanctioned way to examine a judge's conduct is the formal removal process (impeachment under Articles 124 and 217, involving Parliament, not state legislatures), which requires a proven case of misbehaviour or incapacity before a special majority vote.
Common misconceptions
- Myth: Article 211 means judges can never be criticized or questioned by anyone in government.
Fact: It only stops discussion in the state legislature itself; judges can still be removed through the formal impeachment process in Parliament, and their judgments can be appealed or publicly discussed in other lawful ways. - Myth: This article applies to any court official or government officer.
Fact: It specifically covers Supreme Court and High Court judges, not other judicial or quasi-judicial officers.