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.

Debate Summary

Article 100, Draft Constitution, 1948

 (1) No discussion shall take place in Parliament with respect to the conduct of any judge of the Supreme Court or 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.

(2) In this article the reference to a High Court shall be construed as including a reference to any court in a State for the time being specified in Part III of the First Schedule which is a High Court for any of the purposes of Chapter IV of this Part.

 

Draft Article 100 (Article 121) was taken up on 23rd May 1949 and 13th October 1949. It stipulated restrictions on discussions in Parliament pertaining to the conduct of members of the Judiciary.

 

The Draft Article was initially accepted without debate and adopted by the Assembly on 23rd May 1949.

 

However, the Assembly reponed discussion on the Draft Article on 13th October 1949. A member of the Drafting Committee moved to delete clause (2). The assembly unanimously accepted the proposal without any debate.