Article 121 of the Indian Constitution is peculiar in nature as it talks about a different perspective. Article 121 paves a way to segregate the functioning of The Judiciary from The Legislative.
Article 121 talks about those sorts of discussions that are restricted in the Houses of Parliament.
Let us dig deep into Article 121 of the Indian Constitution to conquer all the concepts.
What Does Article 121 Of The Indian Constitution Have To Say?
121. Restriction on discussion in Parliament No discussions 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 expect upon a motion for presenting an address to the President praying for the removal of the Judge as hereinafter provided
Article 121 says that any discussion related to the conduct of any Judge of the Supreme Court or any Judge of the High Court is prohibited in the Houses of Parliament( that is Lok Sabha and Rajya Sabha).
If there would be any discussion that has to happen related to any Judge either of the Supreme Court or of the High Court, it will only happen in the scenario where a motion in the Houses of Parliament has to be addressed to the President of India regarding the impeachment of a particular judge.
We can conclude from this Article that if it is not about the removal of any judge then there is a restriction on the discussion regarding the judges.
So here we can see that the Parliament has no power to have discussions on the discharging of powers of the judges. This Article indeed paves a way to segregate The Judiciary of India from the Legislative of India to ensure no interference of these two in the functioning of each other.
Who has to be presented with the motion to remove a particular judge from his post?
The President of India has to be presented with an address by the House Of Parliament for the removal of any particular judge.
Do the Houses of Parliament has the right to discuss the conduct of any judge of either the Supreme Court or the High Court?
No, the Houses of Parliament has no power to discuss the conduct of any judge either of the Supreme Court or of the High Court.