Who can remove a judge of a High Court from office?a)Prime Ministerb)C...
A judge of a High Court can be removed from office by the process of impeachment carried out by Parliament.
Who can remove a judge of a High Court from office?a)Prime Ministerb)C...
The correct answer is option 'C' - Parliament.
Explanation:
The procedure for the removal of a judge of a High Court from office is outlined in Article 217 of the Indian Constitution. According to this article, a judge of a High Court can be removed from office only by an order of the President of India. However, this order can only be issued after an address by Parliament has been presented to the President in the same session for such removal on the grounds of proven misbehavior or incapacity.
Here is a detailed explanation of the process:
1. Investigation: If a judge of a High Court is alleged to have engaged in misbehavior or is unable to perform his/her duties due to incapacity, an investigation is initiated. The investigation can be conducted by a committee of three members - two judges and one jurist.
2. Report by Committee: After conducting the investigation, the committee submits its report to the Chief Justice of India, who then shares it with the President.
3. Presentation of Address: Based on the report, if the misbehavior or incapacity is proven, an address is presented to the President by Parliament. This address must be supported by a majority of the total membership of each House of Parliament and by a majority of not less than two-thirds of the members present and voting.
4. Order by the President: After the address has been presented to the President, he/she can issue an order for the removal of the judge from office.
It is important to note that the power to remove a judge of a High Court lies with Parliament and not with the President, Chief Justice of India, or the Governor of the respective state. The President can only issue the order of removal after Parliament has presented an address in this regard. This process ensures the independence of the judiciary and provides a mechanism for the removal of judges in case of proven misbehavior or incapacity.