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.

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.