Removal of High Court Judge

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Why in News?

Over 107 Opposition MPs submitted a notice to the Lok Sabha Speaker seeking initiation of the process to remove Justice G.R. Swaminathan of the Madras High Court (Madurai Bench).

Description:

Procedure for Removal of a High Court Judge:

  • The process for removing an HC judge is the same as for an SC judge (Articles 124(4) & 124(5)), except mode of appointment differs.
  • Article 217 – Appointment of High Court judges.
  • Misbehaviour / Incapacity – Only constitutional grounds for removal.

1.    Initiation of Motion — MPs Submit Notice:

  • Notice must be signed by at least 100 Lok Sabha MPs or 50 Rajya Sabha MPs.
  • The notice is submitted to the Speaker (Lok Sabha) or Chairman (Rajya Sabha).

2.   Admission or Rejection of the Motion:

  • The Speaker/Chairman has discretionary power — may admit or reject the notice after examining preliminary facts.
  • If admitted → next step begins.
  • If rejected → process stops.

3.   Constitution of the Three-Member Inquiry Committee (Judges Inquiry Act, 1968):

Upon admission, the presiding officer forms a committee consisting of:

  1. A Supreme Court judge
  2. A Chief Justice of a High Court
  3. A distinguished jurist

The committee investigates charges of misbehaviour or incapacity.

4.   Inquiry Process:

  • Evidence is collected; hearings may occur. The judge is given full opportunity to defend.
  • Committee submits a report:
    • Charges proved → Parliament may proceed.
    • Charges not proved → Process ends.

5.   Parliamentary Vote — Special Majority

If charges are proven:

  • The motion is taken up for voting in each House separately.
  • Requires:
    • 2/3rd of members present & voting, AND
    • Majority of total membership of the House (i.e., “effective majority”).

Both Houses must pass the motion.

6.   Presidential Order:

  • After both Houses pass the motion, it is sent to the President.
  • The President issues an order removing the judge.
  • Removal is final only after Presidential assent.

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