A judge can be removed only when an __________ is passed separately b...
A judge of the supreme court or High court is removed by the Process of impeachment. The President is authorised to remove the judge from his office only after an address by the Parliament has been presented to him in the same session for such removal. The address must be supported by a special majority of each house of the Parliament. (Majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting).
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A judge can be removed only when an __________ is passed separately b...
Impeachment Motion to Remove a Judge
An impeachment motion is a formal process in which a judge can be removed from office. It is a crucial step in ensuring the accountability and integrity of the judiciary. Here is how the process works:
Initiation of Impeachment Motion
- The process of impeachment can be initiated in either house of the Parliament, i.e., Lok Sabha or Rajya Sabha.
- A notice for the impeachment motion must be signed by at least 100 members of Lok Sabha or 50 members of Rajya Sabha.
Investigation and Inquiry
- Once the notice is submitted, an investigation committee is constituted to look into the allegations against the judge.
- The committee conducts a thorough inquiry and submits its findings to the Parliament.
Voting on Impeachment Motion
- After the inquiry, the impeachment motion is put to vote in the house where it was initiated.
- A two-thirds majority of the total members present and voting, as well as a majority of the total membership of the house, is required to pass the motion.
Passage of Impeachment Motion
- If the impeachment motion is passed in the house where it was initiated, it is then sent to the other house for voting.
- The same two-thirds majority requirement applies in the second house as well.
Removal of the Judge
- If the impeachment motion is passed by a two-thirds majority of members of each house, the judge is considered to be removed from office.
- The President then issues an order for the removal of the judge from office.
In conclusion, the impeachment process ensures that judges are held accountable for their actions and behavior, and can only be removed through a thorough and rigorous process involving both houses of the Parliament.
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