Article 211 of the Indian Constitution speaks about the restrictions imposed on the discussion in the State legislature.
The aforementioned Article sets down the limitations on legislative debate imposed by Part VI of the Indian Constitution’s “Procedure Generally” section.
This part of the Constitution is devoted entirely to the several provisions that deal with “The States.”
To further comprehend the provision, this page will explore Article 211, “Restriction on discussion in the Legislature.”
What Is Article 211 Of The Indian Constitution
Article 211 addresses restrictions on the legislative discussion. Its provisions are as follows:
The conduct of any Supreme Court or High Court judge in the performance of his duties shall not be the subject of discussion in the legislature of a State.
When Was Article 211 Enacted?
On June 10th, 1949, a discussion was held over the draft of Article 185, which is renamed Article 211. Discussions about the actions of judicial members were prohibited in the State Legislature as a result.
Draft Article 185 has two clauses. However, one of the Committee’s drafters is keen on having the second Clause tossed out.
He drew attention to the fact that this was in keeping with the custom of omitting particular references to states in the Third Part of the First Schedule. Without discussion, this modification was approved. A few members objected to the Draft Article, saying it would prevent discussion of any judicial misconduct. A member of the Drafting Committee responded by pointing out that the Assembly had already enacted Draft Article 101 (Article 121) which imposed comparable limitations on the parliamentary debate.
On June 10th,1949, the revised Draft Article became official.
Prior to the enactment of Article 211, it has two clauses. But one of the members of the drafting Committee wants to strike down the second Clause and this was approved without any discussion. The updated Draft Article was formally adopted on June 10th, 1949.
Article 211 Of The Indian Constitution Deals With Whom?
Discussions about the conduct of judicial members were prohibited in the State Legislature under Article 211. The said Article deals with the State Government
Which Article Put A Similar Restriction Over Parliament?
In accordance with Article 121, no Supreme Court or High Court judge may be the subject of a parliamentary debate over how they carried out their official duties.