What is the Procedure for Removal of a Judge

Introduction

The judiciary in India is an independent and impartial institution, fundamental to upholding the rule of law and the Constitution. To maintain its independence, judges of the Supreme Court and High Courts enjoy significant security of tenure. However, in rare cases of proven misbehavior or incapacity, a judge can be removed from office. This eBook provides a comprehensive understanding of the procedure for the removal of a judge, with emphasis on its constitutional provisions, historical context, and significance for UPSC aspirants.

Constitutional Provisions

Article 124(4) and (5): Supreme Court Judges

The procedure for the removal of a Supreme Court judge is outlined in Article 124(4) and (5) of the Constitution of India. These provisions ensure that judges can only be removed through a rigorous and impartial process.

Article 217(1)(b): High Court Judges

The procedure for the removal of High Court judges is analogous to that of Supreme Court judges, as provided in Article 217(1)(b).

Grounds for Removal

Judges can be removed only on the grounds of:

Proven Misbehavior: Includes corruption, misuse of office, or other actions that undermine judicial integrity.
Incapacity: Refers to physical or mental incapacity rendering the judge unfit to perform their duties.

Procedure for Removal of a Judge

Cyclones are categorized based on their wind speeds and intensity:

The procedure for the removal of a judge is governed by the Judges (Inquiry) Act, 1968 and follows a detailed process involving the legislature and judiciary.
Initiating the Motion
1. In Lok Sabha:
  - Requires a motion signed by at least 100 members.
2. In Rajya Sabha:
  - Requires a motion signed by at least 50 members.
The motion must specify the charges and be submitted to the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha.
Admission of the Motion
- The Speaker or Chairman may either admit or reject the motion after a preliminary review of its validity.
Formation of the Inquiry Committee
If the motion is admitted, an Inquiry Committee is constituted to investigate the charges. The committee comprises:
1. A Supreme Court judge.
2. A High Court Chief Justice.
3. An eminent jurist.
Inquiry Process
- The committee conducts a detailed inquiry, allowing the judge in question to present their defense.
- If the committee finds the charges substantiated, it submits a report to the Speaker or Chairman.
Discussion in the House
1. If the inquiry committee’s report upholds the charges, the motion is taken up for discussion in the concerned House of Parliament.
2. The judge is given an opportunity to present their case.
Voting
The motion must be passed by:
1. A majority of the total membership of the House.
2. A two-thirds majority of members present and voting.
This high threshold ensures that removal is a serious and deliberate decision.
Approval by Both Houses
- The motion must be passed in both the Lok Sabha and the Rajya Sabha with the required majority.
Presidential Assent
- After both Houses approve the motion, it is sent to the President of India.
- The President issues an order for the judge’s removal.
Depression: Wind speeds up to 62 km/h.
Deep Depression: Wind speeds between 62-88 km/h.
Cyclonic Storm: Wind speeds between 89-117 km/h.
Severe Cyclonic Storm: Wind speeds between 118-164 km/h.
Very Severe Cyclonic Storm: Wind speeds between 165-221 km/h.
Super Cyclonic Storm: Wind speeds exceeding 221 km/h.

Significance of the Procedure

1. Judicial Independence

The stringent procedure ensures that judges are not removed arbitrarily, safeguarding judicial independence from executive or legislative interference.

2. Checks and Balances

The involvement of multiple institutions—Parliament, the judiciary, and the President—ensures a balanced and fair process.

3. Integrity of the Judiciary

The process reinforces accountability and integrity within the judiciary, maintaining public trust in the institution.

Historical Instances of Judge Removal

While the procedure for the removal of a judge is robust, it has rarely been invoked in India. Some notable instances include:

1. Justice V. Ramaswami (1993)

Case: Allegations of financial irregularities.
Outcome: The motion for removal was introduced in the Lok Sabha but failed to pass due to insufficient support.

2. Justice Soumitra Sen (2011)

Case: Allegations of misappropriation of funds during his tenure as a lawyer.
Outcome: The Rajya Sabha passed the motion, but Justice Sen resigned before the Lok Sabha could act.

3. Justice C.S. Karnan (2017)

Case: Found guilty of contempt of court by the Supreme Court.
Outcome: No removal motion was initiated, as the Supreme Court sentenced him to imprisonment.

Challenges in the Removal Process

1. Complexity and Length

The removal process is time-consuming and involves multiple stages, making it difficult to achieve a consensus.

2. Political Influence

Given the role of Parliament, there is a risk of political motives influencing the process.

3. Lack of Precedents

The rarity of successful removal cases leaves ambiguity in the practical application of the procedure.

Reforms and Suggestions

To enhance the effectiveness and credibility of the removal process, several reforms have been proposed:

Judicial Accountability Bill: Introduce mechanisms for greater judicial transparency and accountability.
Independent Tribunal: Establish an independent tribunal to handle complaints against judges, reducing political interference.
Simplified Procedures: Streamline the removal process to make it more efficient without compromising judicial independence.

Relevance for UPSC Aspirants

Understanding the removal process of judges is crucial for UPSC preparation, as it relates to multiple topics across the syllabus:

1. General Studies Paper II: Polity

Provisions related to the judiciary.
Separation of powers and checks and balances.

2. Ethics Paper (GS IV)

Judicial ethics and accountability.
Case studies involving integrity in public office.

3. Essay Writing

Topics on judicial reforms, accountability, and the independence of institutions.

Model Questions

Prelims:
- Under which article of the Constitution can a Supreme Court judge be removed?
- Who constitutes the inquiry committee for the removal of a judge?
Mains:
- Discuss the procedure for the removal of a judge under the Indian Constitution. How does it ensure judicial independence?
- Analyze the challenges and suggest reforms to improve the accountability of the judiciary in India.

Conclusion

The removal process of a judge in India is a rare but significant procedure designed to uphold the integrity of the judiciary while safeguarding its independence. Its complexity underscores the seriousness with which judicial accountability is treated. For UPSC aspirants, mastering this topic not only prepares them for examinations but also provides deeper insights into the functioning of India’s democratic institutions.

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What is the Procedure for Removal of a Judge

Introduction

Constitutional Provisions

Procedure for Removal of a Judge

Cyclones are categorized based on their wind speeds and intensity:

The procedure for the removal of a judge is governed by the Judges (Inquiry) Act, 1968 and follows a detailed process involving the legislature and judiciary.

Initiating the Motion

In Lok Sabha:

Requires a motion signed by at least 100 members.

In Rajya Sabha:

Requires a motion signed by at least 50 members.

The motion must specify the charges and be submitted to the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha.

Admission of the Motion

The Speaker or Chairman may either admit or reject the motion after a preliminary review of its validity.

Formation of the Inquiry Committee

If the motion is admitted, an Inquiry Committee is constituted to investigate the charges. The committee comprises:

A Supreme Court judge.

A High Court Chief Justice.

An eminent jurist.

Inquiry Process

The committee conducts a detailed inquiry, allowing the judge in question to present their defense.

If the committee finds the charges substantiated, it submits a report to the Speaker or Chairman.

Discussion in the House

If the inquiry committee’s report upholds the charges, the motion is taken up for discussion in the concerned House of Parliament.

The judge is given an opportunity to present their case.

Voting

The motion must be passed by:

A majority of the total membership of the House.

A two-thirds majority of members present and voting.

This high threshold ensures that removal is a serious and deliberate decision.

Approval by Both Houses

The motion must be passed in both the Lok Sabha and the Rajya Sabha with the required majority.

Presidential Assent

After both Houses approve the motion, it is sent to the President of India.

The President issues an order for the judge’s removal.

Depression: Wind speeds up to 62 km/h.

Deep Depression: Wind speeds between 62-88 km/h.

Cyclonic Storm: Wind speeds between 89-117 km/h.

Severe Cyclonic Storm: Wind speeds between 118-164 km/h.

Very Severe Cyclonic Storm: Wind speeds between 165-221 km/h.

Super Cyclonic Storm: Wind speeds exceeding 221 km/h.

Significance of the Procedure

Historical Instances of Judge Removal

While the procedure for the removal of a judge is robust, it has rarely been invoked in India. Some notable instances include:

1. Justice V. Ramaswami (1993)

Case: Allegations of financial irregularities.

Outcome: The motion for removal was introduced in the Lok Sabha but failed to pass due to insufficient support.

2. Justice Soumitra Sen (2011)

Case: Allegations of misappropriation of funds during his tenure as a lawyer.

Outcome: The Rajya Sabha passed the motion, but Justice Sen resigned before the Lok Sabha could act.

3. Justice C.S. Karnan (2017)

Case: Found guilty of contempt of court by the Supreme Court.

Outcome: No removal motion was initiated, as the Supreme Court sentenced him to imprisonment.

Challenges in the Removal Process

Reforms and Suggestions

Relevance for UPSC Aspirants

Understanding the removal process of judges is crucial for UPSC preparation, as it relates to multiple topics across the syllabus:

1. General Studies Paper II: Polity

Provisions related to the judiciary.

Separation of powers and checks and balances.

2. Ethics Paper (GS IV)

Judicial ethics and accountability.

Case studies involving integrity in public office.

3. Essay Writing

Topics on judicial reforms, accountability, and the independence of institutions.

Model Questions

Prelims:

Under which article of the Constitution can a Supreme Court judge be removed?

Who constitutes the inquiry committee for the removal of a judge?

Mains:

Discuss the procedure for the removal of a judge under the Indian Constitution. How does it ensure judicial independence?

Analyze the challenges and suggest reforms to improve the accountability of the judiciary in India.

Conclusion

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