REMOVAL OF HIGH COURT JUDGES: POLITY

REMOVAL OF HIGH COURT JUDGES: POLITY

NEWS: Only Parliament has the jurisdiction to constitutionally remove a High Court judge: RS Chairman Jagdeep Dhankhar

 

WHAT’S IN THE NEWS?

The Rajya Sabha Chairman emphasized that only Parliament has the constitutional authority to remove a High Court judge, as per Articles 124 and 217 of the Constitution, following a rigorous process involving a parliamentary motion, judicial review, and presidential approval.

 

1. Constitutional Provisions for Removal of Judges

  • Grounds for Removal: A judge can be removed on the grounds of ‘proved misbehaviour’ or ‘incapacity’ under Articles 124 (for Supreme Court) and 217 (for High Courts) of the Indian Constitution.
  • Undefined Terms: The Constitution does not define these terms, but Supreme Court rulings interpret:
  • Misbehaviour: Includes willful misconduct, corruption, lack of integrity, and offenses involving moral turpitude.
  • Incapacity: Refers to medical conditions, either physical or mental, that affect judicial performance.

 

2. Procedure for Removal of Judges

·         Initiation of Motion:

  • A motion for removal can be introduced in either House of Parliament.
  • Signatures Required:
      • Lok Sabha: At least 100 MPs must sign the notice.
      • Rajya Sabha: At least 50 MPs must sign the notice.
  • The Speaker (Lok Sabha) or Chairman (Rajya Sabha) decides whether to admit the motion.

·         Three-Member Committee Investigation:

  • If admitted, a three-member committee is constituted:
      • A Supreme Court/High Court judge.
      • A distinguished jurist.
      • A judicial member.
  • The committee investigates the allegations and submits a report:
      • If no evidence of misbehaviour/incapacity is found, the motion is dropped.
      • If guilty, the report is sent to Parliament for further action.

·         Parliamentary Vote:

  • The motion is debated in both Houses of Parliament.
  • It must be passed with:
      • A majority of the total membership of each House.
      • A special majority (two-thirds of members present and voting) in the same session.

·         Presidential Order for Removal:

  • Once passed by both Houses, the motion is sent to the President of India.
  • The President issues an order for the judge’s removal.

 

3. Significance of the Procedure

  • Upholding Judicial Independence: The process ensures that judges cannot be arbitrarily removed, preserving the judiciary’s independence.
  • Checks and Balances: Parliament, the judiciary, and the executive collectively play a role in the removal process to prevent misuse.
  • Rarely Used Provision: No judge has ever been removed successfully through this procedure, demonstrating its stringent nature.

 

Source: https://www.thehindu.com/news/national/only-parliament-has-the-jurisdiction-to-constitutionally-remove-a-high-court-judge-rs-chairman-jagdeep-dhankhar/article69215014.ece