Note4Students
From UPSC perspective, the following things are important :
Prelims level: Removal of High Court Judges
Why in the News?
The Chief Justice of India (CJI) has set up a three-member panel to investigate the alleged discovery of a significant sum of money at the residence of a sitting Delhi High Court judge.
Appointment Process of High Court Judges:
- According to Article 217, the President of India appoints High Court judges after consulting with the CJI, the Governor of the respective state, and the Chief Justice of the High Court.
- In the case of the appointment of a judge other than the Chief Justice, the Chief Justice of the High Court is consulted as well.
- Consultation Process:
- The process of appointing judges is handled by a Collegium, which includes the CJI and the two senior-most judges of the Supreme Court.
- The Collegium System allows for a collaborative decision-making process where the Chief Justice of the High Court initiates the proposal, which is then forwarded to the Chief Minister.
- The Chief Minister, in turn, advises the Governor, who submits the proposal to the Union Law Minister.
- The Chief Justice of the High Court is appointed in accordance with a policy to ensure that Chief Justices are from outside the respective states.
- Appointment and Transfer of Judges:
- The CJI and the senior-most judges of the Supreme Court collectively decide on the appointment and transfer of judges, ensuring judicial independence and preventing executive interference.
Removal of Judges in the Higher Judiciary:
- Impeachment Process:
- Judges of the Supreme Court and High Courts can only be removed by impeachment, which requires a motion signed by 100 Lok Sabha MPs or 50 Rajya Sabha MPs.
- The impeachment motion is investigated by a three-member judicial committee, and if the committee finds merit in the allegations, Parliament votes on the motion.
- A 2/3rd majority is needed in both Houses for removal.
- Parliament can, however, consider a motion to impeach a judge according to the procedure laid down in the Judges (Inquiry) Act, 1968.
- In-House Inquiry Process:
- The CJI can initiate an in-house inquiry in the event of serious allegations against a judge. This process involves the Chief Justice of the High Court submitting a report, and if the allegations are deemed serious, a three-member committee is constituted to investigate the matter.
- If the committee recommends removal, the CJI may advise the judge to resign. If the judge refuses, their judicial work is withdrawn, and impeachment proceedings may be initiated.
Historical Impeachment Efforts:
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| [UPSC 2019] Consider the following statements: 1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968. 2. The Constitution of India defines and gives details of what Constitutes ‘incapacity and proved misbehaviour’ of the Judges of the Supreme Court of India. 3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968. 4. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of total membership of that House and by not less than two-thirds of total members of that House present and voting. Which of the statements given above is/are correct? |
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