Legal Framework and Loopholes in the Process of Removing Superior Court Judges in India
The process for removing a Supreme Court or High Court judge, often referred to as 'impeachment,' is governed by Article 124(4) and the Judges (Inquiry) Act, 1968. A judge can only be removed on grounds of 'proved misbehaviour or incapacity.' However, a significant loophole exists: the Speaker of the Lok Sabha or Chairman of the Rajya Sabha has the statutory power to admit or refuse a removal motion even if signed by the required number of MPs. This discretion can potentially thwart the constitutional process, especially if the government of the day opposes the motion.
Key Points
- The Constitution uses the term 'removal' for judges; 'impeachment' is technically reserved for the President under Article 61.
- A removal motion requires signatures from 100 Lok Sabha members or 50 Rajya Sabha members to be initiated.
- The Judges (Inquiry) Act, 1968, outlines the procedure for investigation by a high-level committee after a motion is admitted.
- The Speaker/Chairman acts as a statutory authority when deciding on the admissibility of the motion, and their decision can be challenged.
Exam Facts
- Article 124(4) and 124(5) of the Constitution
- Judges (Inquiry) Act, 1968
- Requirement of 100 Lok Sabha or 50 Rajya Sabha members for a motion
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