Why in the News?
The Centre will bring a motion of removal against a Judge of the Allahabad High Court and has initiated the process of building an all-party consensus for this action.
Qualifications of Judges of High Court:
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Appointment Process of High Court Judges:
- Constitutional Basis: The Article 217 of the Constitution provides that High Court judges are appointed by the President of India after consultation with the Chief Justice of India (CJI), the Governor of the state, and, in the case of judges (not Chief Justices), the Chief Justice of the High Court concerned.
- Role of the Collegium System: The Collegium, comprising the CJI and 2 senior-most judges of the Supreme Court, plays a key role in recommending names for appointments. It ensures collaborative decision-making and maintains the independence of the judiciary.
- Procedure:
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- The Chief Justice of the High Court initiates the recommendation.
- The proposal is forwarded to the Chief Minister, who advises the Governor.
- The Governor sends it to the Union Law Minister, who places it before the Prime Minister, and then the President for final approval.
- Policy for Chief Justices: To prevent local bias, Chief Justices of High Courts are generally appointed from outside the state.
- Appointments and Transfers: The CJI and senior judges of the Supreme Court also decide on transfers of High Court judges, ensuring judicial autonomy and minimizing executive influence.
Removal:
- Process: Judges of the High Court (and Supreme Court) can only be removed through removal, not by executive action.
- Requires a motion signed by at least 100 Lok Sabha MPs or 50 Rajya Sabha MPs.
- The motion is examined by a three-member committee.
- If the committee finds grounds, the motion is debated and must be passed by a two-thirds majority in both Houses of Parliament.
- Legal Framework: The Judges (Inquiry) Act, 1968 outlines the detailed procedure for investigating and acting upon misconduct by judges.
- In-House Inquiry Mechanism: For internal disciplinary matters:
- The CJI may order a preliminary inquiry based on credible complaints.
- A three-judge panel is constituted if allegations are serious.
- If the committee confirms misconduct, the CJI may ask the judge to resign.
- If the judge refuses, the judicial work is withdrawn, and removal may be considered.
Historical Removal Efforts:
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| [UPSC 2007] Consider the following statements:
1. The mode of removal of a Judge of a High Court in India is the same as that of the removal of a Judge of the Supreme Court. 2. After retirement from office, a permanent Judge of a High Court cannot plead or act in any court or before any authority in India. Which of the statements given above is/are correct? Options: (a) 1 only* (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 |
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