Procedure for Removal of a Judge

18.12.2024

Procedure for Removal of a Judge

Why in the news?                        

           Recently, a motion for the removal of Allahabad High Court Judge, Justice Shekhar Kumar Yadav, has been submitted to the Chairman of the Rajya Sabha by 55 Members of Parliament (MPs) from the Rajya Sabha.

What is the Procedure for Removal of a Judge?

• Under Articles 124 and 217 of the Constitution of India, a Supreme Court or High Court judge can be removed by the President on grounds of ‘proved misbehaviour’ or ‘incapacity’. The motion must be passed in both Houses of Parliament:

○By a majority of the total membership of the House, and

○By a two-thirds majority of the members present and voting in the same session (Special Majority).

• The Constitution of India does not define the terms ‘proved misbehaviour’ or ‘incapacity’. However, the Supreme Court has clarified through its judgments that actions such as wilful misconduct, corruption, lack of integrity, or offences involving moral turpitude constitute misbehaviour.
• Incapacity refers to a medical condition that includes physical or mental limitations preventing the judge from performing duties effectively.

Detailed Procedure Under the Judges (Inquiry) Act, 1968

The procedure for removal of judges is elaborated in the Judges (Inquiry) Act, 1968, which requires:

• A motion for removal to be signed by at least 50 members in the Rajya Sabha or 100 members in the Lok Sabha.
• The Chairman of the Rajya Sabha or the Speaker of the Lok Sabha has the discretion to admit or reject the motion after consultation.
• If admitted, a three-member committee is constituted, comprising:

○A Supreme Court Judge,

○A High Court Judge, and

○A distinguished jurist.

• The committee investigates the allegations. If the judge is cleared of misconduct or incapacity, the motion is dropped and not pursued further.
• If the committee finds the judge guilty of misbehaviour or incapacity, the report is tabled in both Houses of Parliament, where the motion must be passed by a special majority.
• An address is presented to the president for removal of the judge.
• Finally, the President passes an order removing the judge.

                                                                 Source: The Hindu

Which of the following is/are the ground(s) of removal of the Supreme Court or High Court judges?

A.Violation of the Constitution of India

B.Maladministration

C.Proved misbehaviour or incapacity

D.All of the above

Answer C