Introduction
Judicial independence is a cornerstone of the Constitution, ensuring impartial adjudication free from executive or legislative influence. However, independence must be balanced with accountability, as judges remain subject to constitutional and ethical standards to preserve public confidence in the judiciary.
Body
Constitutional Procedure for Removal of Judges
- Articles 124(4), 124(5) and 217 provide for the removal of Supreme Court and High Court judges.
- A judge can be removed only on the grounds of proved misbehaviour or incapacity.
- A motion signed by the prescribed number of MPs is admitted by the Speaker of the Lok Sabha or Chairman of the Rajya Sabha.
- A three-member Judges Inquiry Committee investigates the allegations under the Judges (Inquiry) Act, 1968.
- If charges are proved, each House of Parliament must pass the motion by a special majority.
- The President issues the removal order after Parliament’s approval.
Alternative Mechanisms for Judicial Accountability
- In-house procedure of the Supreme Court for examining complaints against judges.
- Restatement of Values of Judicial Life (1997) and the Bangalore Principles of Judicial Conduct guide ethical behaviour.
- Judicial review and reasoned judgments ensure transparency and legal scrutiny.
- Public disclosure of assets and transparent appointment processes enhance accountability.
- Parliamentary scrutiny, media reporting and informed civil society strengthen institutional oversight while respecting judicial independence.
Conclusion
An independent judiciary is indispensable for constitutional democracy, but independence cannot shield misconduct. Strengthening institutional accountability mechanisms while preserving judicial autonomy is essential to uphold the rule of law and maintain public trust in the justice delivery system.
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Judicial Removal Procedure and Judicial Accountability