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Removal Proceedings Against a High Court Judge (Source: Indian Express)

Context

Parliamentary proceedings for the removal of Justice Yashwant Varma are likely to continue despite his resignation, as the removal motion was initiated before he demitted office. A three-member committee constituted by the Lok Sabha Speaker has reportedly found the charges against him proved.

Judicial Removal Process: Parliament and Judicial Accountability

Explanation

  • High Court judges can be removed by the President under Article 217 read with Article 124(4) for proved misbehaviour or incapacity.
  • The process is regulated by the Judges (Inquiry) Act, 1968.
  • A removal motion requires signatures of at least 100 Lok Sabha MPs or 50 Rajya Sabha MPs.
  • Once admitted, a three-member committee investigates the charges: a Supreme Court judge, a High Court Chief Justice and a distinguished jurist.
  • If charges are proved, each House must pass the motion by a special majority: majority of total membership plus two-thirds of members present and voting.
  • Both Houses must pass it in the same session, after which the President may order removal.
  • Article 121 restricts parliamentary discussion on judges’ conduct except upon a removal motion.

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Judicial Removal Process: Parliament and Judicial Accountability

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