The removal of judges is a critical procedure in maintaining the integrity of the judiciary and upholding public trust. In India, the Constitution outlines a structured process for the removal of judges from the Supreme Court and High Courts, ensuring fairness and justice.
Legal Basis for Removal
The legal framework for the removal of judges is outlined in the Indian Constitution:
- Supreme Court Judges: Under Article 124(4), a judge of the Supreme Court can only be removed by an order from the President of India. This order can only be issued after a motion for removal is passed by both Houses of Parliament.
- High Court Judges: The same procedure applies to judges of the High Courts under Article 217 of the Constitution.
Grounds for Removal
Judges can be removed on the following grounds:
- Proven Misbehavior: This generally refers to actions that undermine the dignity and functioning of the judiciary, though the Constitution does not define the exact nature of misbehavior.
- Incapacity to Perform Duties: If a judge is found incapable of performing their duties due to physical or mental incapacity, they may be removed.
The Procedure for Removal
The process for removing a judge is detailed and involves multiple steps:
1. Initiation of the Process
A motion for the removal of a judge can be initiated by a Member of Parliament (MP) or a group of MPs. The motion must include a detailed explanation of the grounds for removal.
2. Investigation
Once the motion is presented, it is referred to a committee for investigation. The committee typically consists of:
- The Chief Justice of India
- A senior judge of the Supreme Court
- The Law Minister
The committee investigates the allegations to determine their validity.
3. Approval by Parliament
If the committee finds merit in the allegations, the motion is debated in both Houses of Parliament. A two-thirds majority in both the Lok Sabha (Lower House) and the Rajya Sabha (Upper House) is required to pass the motion.
4. Presidential Order
Once the motion is approved by both Houses of Parliament, the President of India issues an order for the removal of the judge.
Importance of the Procedure
This structured procedure ensures that the removal of judges is not arbitrary and can only occur in cases of serious misconduct or incapacity. It is designed to protect judicial independence while ensuring accountability.
Conclusion
The process for removing judges serves as a safeguard against corruption and misconduct within the judiciary. It ensures the dignity and credibility of India’s judicial system, while allowing judges to perform their duties without fear or favor.
Multiple-Choice Questions (MCQs):
- Under which article of the Indian Constitution can a Supreme Court judge be removed?
- a) Article 124(4)
- b) Article 217
- c) Article 32
- d) Article 121
- What is required for the removal of a judge from the Supreme Court or High Court?
- a) Approval by the President alone
- b) Approval by the Chief Justice of India
- c) A motion passed by both Houses of Parliament
- d) A majority vote in the Lok Sabha
- Which committee investigates the allegations against a judge for removal?
- a) Parliamentary Committee
- b) Special Judicial Committee
- c) Committee consisting of the Chief Justice of India, a senior judge, and the Law Minister
- d) The President’s Advisory Committee
- What majority is required in both Houses of Parliament to pass a motion for the removal of a judge?
- a) Simple majority
- b) Two-thirds majority
- c) Absolute majority
- d) Unanimous vote
- What is the purpose of the procedure for removing judges?
- a) To ensure judges are held accountable for their actions
- b) To prevent judges from making unpopular decisions
- c) To allow political influence in judicial matters
- d) To simplify the judicial process