How can a judge of a High Court be removed from office in India?a)By t...
A judge of a High Court in India can be removed from office on the grounds of proved misbehavior or incapacity, which involves a process similar to the impeachment of a judge of the Supreme Court, through a decision of Parliament.
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How can a judge of a High Court be removed from office in India?a)By t...
Impeachment Process for Removal of a High Court Judge in India
The correct way to remove a judge of a High Court in India is through impeachment by Parliament. This process is outlined in the Constitution of India under Article 124(4) and Article 218(1). Here is a breakdown of the impeachment process:
Initiation of Impeachment
- The process can be initiated by either House of Parliament, i.e., Lok Sabha or Rajya Sabha.
- A notice of motion signed by at least 100 members of Lok Sabha or 50 members of Rajya Sabha is required to initiate the impeachment process.
Investigation and Inquiry
- Once the motion is submitted, an inquiry committee is formed to investigate the charges against the judge.
- The committee consists of three members, including a Supreme Court judge, a Chief Justice of a High Court, and a distinguished jurist.
Resolution for Impeachment
- Based on the findings of the inquiry committee, a resolution for impeachment is presented to the concerned House of Parliament.
- The resolution must be supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members present and voting.
Passing of the Resolution
- If the resolution is passed by the initiating House, it is then sent to the other House for consideration.
- If the other House also passes the resolution by the required majority, the judge stands impeached and is removed from office.
President's Assent
- Once the impeachment process is completed in Parliament, the President gives his assent to the resolution for the removal of the judge.
- The judge ceases to hold office from the date of the President's assent.
This detailed procedure ensures that the removal of a High Court judge is a serious and thorough process, safeguarding the independence and integrity of the judiciary.