HIGH
COURT JUDGES REMOVAL : POLITY
NEWS: Opposition
plans impeachment motion against Allahabad High Court judge Shekhar Kumar Yadav
WHAT’S
IN THE NEWS?
The
removal of a High Court judge in India requires a motion initiated in
Parliament, followed by an inquiry committee’s investigation and approval by a
special majority in both Houses. The President issues the removal order once
Parliament approves the motion.
Removal
of High Court Judges in India
Grounds
for Removal
- Proven Misbehavior
or Incapacity:
Acts undermining judicial integrity.
- Misuse of Office: Grave offenses that
contravene constitutional provisions.
Procedure
for Removal
1.
Motion Initiation:
- Lok Sabha: Requires 100 MPs.
- Rajya Sabha: Requires 50 MPs.
2.
Admission:
- Speaker (Lok Sabha) or Chairman (Rajya Sabha)
decides on admitting the motion.
3.
Inquiry Committee Formation:
- Members:
- A Supreme Court Judge.
- A High Court Chief Justice.
- A distinguished jurist.
- Committee investigates the charges.
4.
Report Submission: Committee submits
findings to the Speaker/Chairman.
5.
Parliamentary Consideration:If charges
are proven, the motion is debated in both Houses.
6.
Special Majority Requirement:
- Majority of the total membership.
- At least two-thirds of members present and
voting.
7.
Presidential Order:Once approved by
Parliament, the President issues the removal order.