The judiciary is the key component of a democracy, and it is important to ensure that the judiciary is independent and competent in delivering its duties. The Indian judiciary, a guardian of the Constitution and fundamental rights, relies heavily on the integrity and competence of its judges. The Constitution of India has provided a mechanism to address serious issues in the judiciary. However, the removal of a judge in India is a complex method between safeguarding judicial independence and ensuring accountability.

Key Takeaways:

• The Indian Constitution outlines a stringent process for removing a judge, often referred to as impeachment.
• Removal can only occur on grounds of proven misbehavior or incapacity, terms strictly interpreted by courts.
• Initiating the process requires a significant push, with at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha submitting a signed notice.
• Following an investigation, both houses of Parliament must pass a removal motion by a high threshold, requiring a majority of the total membership and a supermajority of those present and voting.
• The high bar for removal is intended to shield judges from frivolous accusations and political pressure.

Removal of Judges

The judges of the Supreme Court and the High Courts can be dismissed by the process of ‘Impeachment’. Both the Supreme Court and the High Courts follow the same procedure when it comes to dismissing justices. This is expressly mentioned in the Indian Constitution. According to the Constitution, a judge can only be dismissed by the President’s order following a motion approved by both Houses of Parliament. The Judges Inquiry Act of 1968 provides further details on the process for dismissing judges.

Impeachment Process

The removal process, often referred to as impeachment, involves a rigorous procedure:

I. Initiation: At least 100 members of the Lok Sabha (lower house) or 50 members of the Rajya Sabha (upper house) must submit a signed notice of removal against the judge.

II. Investigation: The President can appoint an inquiry committee to investigate the charges.

III. Motion in Parliament: If the inquiry finds merit in the charges, Parliament can consider a motion for removal.

IV. Voting Requirement: Both houses of Parliament must pass the motion by a high threshold:

• A majority of the total membership of that House.
• And at least two-thirds of the members of that House are present and voting.

V. Presidential Order: If both houses pass the motion, the President issues a removal order based on the address by Parliament.

Grounds on which Judges can be Removed

A judge can only be removed from office on two grounds:

• Proven misbehavior: This could include corruption, abuse of power, or any act that undermines the dignity of the office.
• Incapacity: This refers to a physical or mental inability to perform judicial duties.

Conclusion

A resolution approved by Parliament may be used to remove a judge from their position due to “proven misbehavior or incapacity.” Although the term “impeachment” is not used in the Constitution, it is often used to describe the procedures outlined in Articles 124 (which deals with the removal of Supreme Court judges) and 218 (which deals with the removal of High Court judges). Removing a judge in India is a deliberate and difficult process intended to protect judicial independence while holding judges accountable for serious misconduct or incapacity.

Removal of Judges – FAQs

Why is a fair removal process important?

A fair and efficient removal process is essential for maintaining public trust in the judiciary. It ensures accountability for judges while safeguarding their independence to deliver impartial justice.

In the history of the Indian judiciary, is there any instance of the removal of a judge?

Only once in the Indian judiciary’s history has this procedure been effective. The Chief Justice of the Calcutta High Court, Justice Soumitra Sen, was impeached in 2011 due to financial embezzlement.

Who orders the removal of the judge?

Based on Parliament’s address, the President issues an order removing the judge if both houses pass the motion.

How can a lower court judge be removed from his position?

Regarding the dismissal of judges from the lower court, the state government may do so after consulting with the high court in the case of a district judge or an additional district judge.

What is the composition of the inquiry committee under JIA 1986?

The Judges Inquiry Act of 1986 provides the legal basis for the investigation of these issues. Three people make up the committee conducting this investigation: two are judges, one from the Supreme Court, and the other is the Chief Justice of the High Court. This committee is made up of two Supreme Court judges if the complaint is directed at the high court judge.

Are there any criticisms of the current removal process?

• Too complex and time-consuming: Delays can hinder a legitimate removal attempt.
• Lacking clear definitions: The term “proven misbehavior” is open to interpretation, potentially allowing serious misconduct to go unchecked.
• Susceptible to political influence: The involvement of Parliament raises concerns about political considerations impacting the process.

Note: The information provided is sourced from official sources & other websites and collected data; if discrepancies are identified, kindly reach out to us through comments for prompt correction.