Opposition plans motion to impeach Uttar Pradesh judge
(Source – The Hindu, International Edition – Page No. – 4)
| Topic: GS2 – Indian Polity – Judiciary |
| Context |
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Removal of High Court Judges in India
Grounds for Removal:
- Proved misbehavior or incapacity.
- Misuse of office, grave offenses undermining a judge’s integrity.
- Contravention of the Constitution’s provisions.
Procedure:
- Motion: 100 members of Lok Sabha or 50 members of Rajya Sabha can raise a motion for removal.
- Admission: The Speaker/Chairman decides whether to admit the motion.
- Inquiry Committee: If admitted, an Inquiry Committee is formed, comprising:
- A Supreme Court Judge
- A High Court Chief Justice
- A distinguished jurist
- Investigation: The committee investigates the charges against the judge.
- Report: The committee submits its report to the Speaker/Chairman.
- Parliamentary Consideration: If the committee finds the judge guilty, the motion is considered by each House of Parliament.
- Special Majority: Removal requires a special majority:
- Majority of the total membership of that House.
- Majority of not less than two-thirds of members present and voting.
- Presidential Order: After the address is passed by both Houses, the President issues an order for the judge’s removal.
| Practice Question: The process for removal of High Court judges in India, though enshrined in the Constitution, is often perceived as complex and challenging. Critically analyze this statement, highlighting the key procedural hurdles and their implications for judicial accountability. (250 Words /15 marks) |
