Paper: GS – II, Subject: Polity, Topic: Judiciary, Issue: Removal process of a Judge of HC.
Context:
The Centre’s initiative to gather support for the removal of Allahabad High Court Judge Justice Varma.
Key Takeaways:
Removal process of a Judge of HC:
- A judge of a High Court can be removed from his/her 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/her in the same session for such removal.
- The address must be supported by a special majority of each House of the 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).
- Under Articles 124 and 218, Judges of the Supreme Court and High Courts can be removed by the President on grounds of “proved misbehaviour” or “incapacity.” Removal requires a motion passed by both Houses of Parliament with:
- The grounds for removal are two: proved misbehaviour or incapacity.
- Thus, a judge of a High Court can be removed in the same manner and on the same grounds as a judge of the Supreme Court.
The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a judge of a High Court by the process of impeachment:
- A removal motion signed by 100 members (in the case of Lok Sabha) or 50 members (in the case of Rajya Sabha) is to be given to the Speaker/Chairman.
- The Speaker/Chairman may admit the motion or refuse to admit it.
- If it is admitted, then the Speaker/Chairman is to constitute a three-member committee to investigate the charges.
- The committee should consist of:
- (a)the Chief Justice or a Judge of the Supreme Court,
- (b) Chief Justice of a High Court, and
- (c) a distinguished Jurist. If the committee finds the judge to be guilty of misbehaviour or suffering from an incapacity, the House can take up the consideration of the motion.
- After the motion is passed by each House of Parliament by a special majority, an address is presented to the President for removal of the judge.
- Finally, the President passes an order removing the judge.
- The procedure for the impeachment of a judge of a High Court is the same as that for a judge of the Supreme Court. No judge of a High Court has been impeached so far.
La Excellence IAS Academy, the best IAS coaching in Hyderabad, known for delivering quality content and conceptual clarity for UPSC 2025 preparation.
FOLLOW US ON:
◉ YouTube : https://www.youtube.com/@CivilsPrepTeam
◉ Facebook: https://www.facebook.com/LaExcellenceIAS
◉ Instagram: https://www.instagram.com/laexcellenceiasacademy/
GET IN TOUCH:
Contact us at info@laex.in, https://laex.in/contact-us/
or Call us @ +91 9052 29 2929, +91 9052 99 2929, +91 9154 24 2140
OUR BRANCHES:
Head Office: H No: 1-10-225A, Beside AEVA Fertility Center, Ashok Nagar Extension, VV Giri Nagar, Ashok Nagar, Hyderabad, 500020
Madhapur: Flat no: 301, survey no 58-60, Guttala begumpet Madhapur metro pillar: 1524, Rangareddy Hyderabad, Telangana 500081
Bangalore: Plot No: 99, 2nd floor, 80 Feet Road, Beside Poorvika Mobiles, Chandra Layout, Attiguppe, Near Vijaya Nagara, Bengaluru, 560040
