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Only Parliament can constitutionally remove HC judge: Jagdeep Dhankhar

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(Source – The Hindu, International Edition – Page No. – 4)

Topic: GS2 – Indian Polity

Context

  • Rajya Sabha Chairman Jagdeep Dhankhar asserted that only Parliament can remove a HC judge.

Analysis of the news:

  • Rajya Sabha Chairman Jagdeep Dhankhar stated that only Parliament has the authority to constitutionally remove a HC judge.

  • A notice for the removal of Justice Shekhar Yadav of the Allahabad High Court is pending with him.

  • The Supreme Court had summoned Justice Yadav over his alleged communal remarks and sought a report from the Allahabad High Court Chief Justice.

  • Dhankhar emphasized that the matter falls exclusively under his jurisdiction and, ultimately, Parliament and the President.

  • A notice signed by 55 Rajya Sabha members seeking Justice Yadav’s removal was submitted on December 13, 2024.

  • Opposition members accused Justice Yadav of making hate speech at a VHP event.

Procedure for removal of Supreme Court / High Court Judge

Constitutional Provision

  • Judges of the Supreme Court and High Courts can be removed under Article 124(4) and Article 217(1)(b) of the Constitution.

  • The process is governed by the Judges (Inquiry) Act, 1968.

Grounds for Removal

  • A judge can be removed for proven misbehavior or incapacity.

Initiation of Removal

  • A motion must be signed by 100 Lok Sabha members or 50 Rajya Sabha members.

  • It is submitted to the Speaker (Lok Sabha) or Chairman (Rajya Sabha).

Inquiry Committee

  • A three-member committee consisting of a Supreme Court judge, a High Court Chief Justice, and a jurist examines the charges.

Parliamentary Approval

  • If found guilty, both Houses must pass the motion with a two-thirds majority in both presence and voting.

Presidential Decision

  • The motion is sent to the President, who issues an order for removal.

Practice Question: Explain the procedure for the removal of Supreme Court and High Court judges in India. How does this process uphold judicial accountability? (150 Words /10 marks)

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