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.

Debate Summary

Article 185, Draft Constitution, 1948

(1) 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.

(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 Part V of this Constitution.

 

Draft Article 185 (Article 211) was debated on 10th June 1949. It created restrictions on discussions in the State Legislature on the conduct of members of the Judiciary.

 

A member of the Drafting Committee wanted to delete clause (2).  He pointed out that this was in continuance of the practice of omitting specific reference to States in Part III of the First Schedule. This amendment was accepted without debate.

 

Some members raised an objection to the Draft Article, arguing that it would stifle discussion about any wrongdoing by judges. In response, a member of the Drafting Committee pointed out that the Assembly had adopted Draft Article 101 (Article 121) which applied similar restrictions on discussions in Parliament.

 

The amended Draft Article was adopted on 10th June 1949.