Article 117 of Constitution of India
Article 117 – Restrictions on Discussion in the House of the People
📜 Text of Article 117:
“(1) No discussion shall take place in the House of the People on the conduct of any judge of the Supreme Court or of the High Courts in the discharge of his duties except upon a motion for presenting an address to the President praying for the removal of the judge.
(2) No discussion shall take place in the House of the People with respect to the conduct of the President except upon a motion for presenting an address to the President praying for the removal of the President.
(3) No discussion shall take place in the House of the People with respect to the conduct of the Governor of a State except upon a motion for presenting an address to the President praying for the removal of the Governor."
⚖️ Meaning and Purpose:
Article 117 imposes restrictions on parliamentary debates in the Lok Sabha (House of the People) regarding the conduct of certain high constitutional functionaries:
Judges of the Supreme Court and High Courts,
The President of India,
Governors of States.
It prevents any discussion or debate on the conduct of these officials unless a formal motion is made for their removal.
🔍 Why this Restriction?
To protect the independence of the judiciary and the dignity of high constitutional offices.
To prevent frivolous or politically motivated discussions that could undermine the authority of these offices.
To ensure that serious charges against these officials are dealt with only through the proper constitutional process (i.e., impeachment or removal procedure), and not just political debates.
Maintains institutional respect and stability.
🧑⚖️ Key Points:
The restriction applies only to discussions on conduct. General discussion on the functioning or decisions of these offices is not prohibited.
The removal process involves:
For judges: an address by both Houses of Parliament to the President, after an inquiry.
For President and Governors: impeachment or removal as per constitutional provisions.
📝 Summary:
| Aspect | Explanation |
|---|---|
| Who is protected? | Judges of Supreme and High Courts, President, Governors |
| What is prohibited? | Discussion on their conduct in Lok Sabha |
| When can discussion happen? | Only when a formal motion for removal is made |
| Purpose | To protect institutional independence and dignity |
| Applies to | House of the People (Lok Sabha) |
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