Judge of the High Court can be removed from office during his tenure ...
Judicial Independence and Removal of Judges
Introduction:
The judicial independence is a cornerstone of the democratic system and the tenure of the judges is protected to ensure their impartiality and independence in delivering justice. However, in certain exceptional circumstances, the removal of a Judge of the High Court can take place.
Explanation:
Removal of Judge of the High Court:
The removal of a Judge of the High Court during his tenure can be carried out by the Chief Justice of the Supreme Court on the recommendation of the Parliament. This process is outlined in Article 124(5) of the Constitution of India.
Role of the Chief Justice of the Supreme Court:
The Chief Justice of the Supreme Court plays a crucial role in the removal of a Judge of the High Court. The process begins with the Chief Justice receiving a recommendation for removal from the Parliament. The Chief Justice is responsible for evaluating the recommendation and initiating the necessary action.
Role of the Parliament:
The Parliament has the authority to recommend the removal of a Judge of the High Court based on specific grounds mentioned in the Constitution. The Parliament examines the case thoroughly before arriving at a decision to recommend the removal. The recommendation requires a two-thirds majority in both the Lok Sabha and the Rajya Sabha.
Process of Removal:
Once the Parliament passes the resolution for removal, the Chief Justice of the Supreme Court initiates the process by forwarding the recommendation to the President of India. The President then removes the Judge from office based on the resolution passed by the Parliament.
Conclusion:
The removal of a Judge of the High Court during his tenure is a serious matter and requires a thorough examination of the facts and circumstances. The involvement of the Chief Justice of the Supreme Court and the Parliament ensures a fair and transparent process. The provision for removal strikes a balance between judicial independence and accountability.
Judge of the High Court can be removed from office during his tenure ...
(a judge of a high court can be removed from his office by an order of the President. The President can issue the removal order 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 Parliament (i.e., a majority of the total membership of that House and majority of not less than two-thirds of the members of that House present and voting). The grounds of removal are two—proved misbehavior or incapacity.)
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