Debates on Judgements of Supreme Court in Parliament

Minister of State for Parliamentary Affairs and Statistics &Programme Implementation, Shri Vijay Goel, while giving a written reply to a question on debates in Parliament on judgements of Supreme Court,stated in Rajya Sabha today that as per Article 121 of the Constitution of India, "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”.

The Minister further stated that as per article 118 of the Constitution, each House of Parliament may make rules regulating, subject to the provisions of the Constitution, its procedure and conduct of its Business. Discussions in Rajya Sabha are governed by Rules of Procedure and conduct of Business in the Council of States and Directions by the Chairman, Rajya Sabha under the Rules of Procedure and Conduct of Business in Rajya Sabha.

As per article 105, Houses of Parliament are masters of their powers and privileges. As such this question relates to the proceedings of the Parliament and inadmissible under rule 47(2), (viii), (xviii) and (xx). However as per record of this Ministry no discussion on such subject has taken place during the last three years, Shri Goel added.

Published in Constitutional Law
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