Can a member of a Parliament raise a discussion as to the conduct of Judge of the Supreme Court or a High Court? Answer with reference to decided cases.
As per Art. 121, 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 except upon a motion for presenting an address to the President praying for the removal of the Judge as hereinafter provided.
However, for the removal of Judges by Impeachment as under Art. 124 (4),(5), the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties can be discussed.
In K. Veeraswami v. Union of India, (1991) 3 SCC 655, the Parliament discussed the conduct of the Madras High Court Chief Justice Sri. K. Veeraswami, which a five Judge bench of the Supreme Court by a majority of 4-1 has held that Judge of the Supreme Court and High Court can be prosecuted and convicted for criminal misconduct.
Similarly, the impeachment proceeding initiated against Mr. Justice V. Ramaswami a sitting Judge of the Supreme Court of India, the conduct of the Judge was discussed in the Parliament for the impeachment of the Judge.