HIGH COURT JUDGES REMOVAL : POLITY

HIGH COURT JUDGES REMOVAL : POLITY

NEWS: Opposition plans impeachment motion against Allahabad High Court judge Shekhar Kumar Yadav

 

WHAT’S IN THE NEWS?

The removal of a High Court judge in India requires a motion initiated in Parliament, followed by an inquiry committee’s investigation and approval by a special majority in both Houses. The President issues the removal order once Parliament approves the motion.

 

Removal of High Court Judges in India

Grounds for Removal

  1. Proven Misbehavior or Incapacity: Acts undermining judicial integrity.
  2. Misuse of Office: Grave offenses that contravene constitutional provisions.

 

Procedure for Removal

1.      Motion Initiation:

    • Lok Sabha: Requires 100 MPs.
    • Rajya Sabha: Requires 50 MPs.

2.      Admission:

    • Speaker (Lok Sabha) or Chairman (Rajya Sabha) decides on admitting the motion.

3.      Inquiry Committee Formation:

    • Members:
      • A Supreme Court Judge.
      • A High Court Chief Justice.
      • A distinguished jurist.
    • Committee investigates the charges.

4.      Report Submission: Committee submits findings to the Speaker/Chairman.

5.      Parliamentary Consideration:If charges are proven, the motion is debated in both Houses.

6.      Special Majority Requirement:

    • Majority of the total membership.
    • At least two-thirds of members present and voting.

7.      Presidential Order:Once approved by Parliament, the President issues the removal order.