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Polity & Governance
Mahesh

17/12/24 10:39 AM IST

Procedure for removing judges

In News
  • Fifty-five MPs of the Rajya Sabha have submitted a motion, for removing Allahabad High Court Judge, Justice Shekhar Kumar Yadav, to Chairman of the Rajya Sabha.
Procedure for removal
  • Articles 124 and 217 of the Constitution provide that a judge of the Supreme Court/High Court shall be removed by the President, on the grounds of ‘proved misbehaviour’ or ‘incapacity’ after a motion is passed in each House of Parliament by a majority of the total membership of that House and by a majority of not less than two thirds of the members of that House present and voting (special majority) in the same session.
  • The Constitution does not define the terms ‘proved misbehaviour’ or ‘incapacity.’
  • The Supreme Court has opined in various cases that wilful misconduct in office, corruption, lack of integrity or any other offence involving moral turpitude would constitute misbehaviour.
  • Incapacity here means a medical condition that may include physical or mental incapacity.
  • The detailed procedure for removal is provided in the Judges (Inquiry) Act, 1968.
  • It stipulates that a notice of motion for removal should be signed by not less than 50 members in the Rajya Sabha and 100 members in the Lok Sabha.
  • The Chairman or Speaker may after due consideration and consultation admit or refuse to admit the motion.
  • If admitted, a three-member committee will be constituted consisting of Supreme Court/High Court judges and a distinguished jurist.
  • If the Committee, after investigation, absolves the judge of any misbehaviour or incapacity, the motion pending shall not be proceeded with.
  • If found guilty of misbehaviour or suffering from incapacity, the committee report will be taken up in the Houses of Parliament which would then need to pass the motion with special majority.
Source- The Hindu

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