No Debates on Supreme Court Judgments in Parliament

Justice Ranjan Gogoi sworn in as the Chief Justice of Supreme Court of India (file photo). Courtesy: Rashtrapati Bhavan
Justice Ranjan Gogoi sworn in as the Chief Justice of Supreme Court of India (file photo). Courtesy: Rashtrapati Bhavan

India’s Minister of State for Parliamentary Affairs, Vijay Goel, stated in Rajya Sabha on Monday that no debate will take place in the Parliament about the judges and court judgments.

Goel was giving a written reply to a question on debates in Parliament on judgments of Supreme Court.

The Minister said 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 their duties except upon a motion for presenting an address to the President praying for the removal of the Judge.”

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He 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, Goel added.

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