Why in the News?
Lok Sabha Speaker has initiated removal proceedings against a Judge of the Allahabad High Court by admitting a motion signed by 146 members and forming a three-member inquiry committee.
About Appointment of High Court Judges:
- Constitutional Basis: Article 217 of the Constitution of India.
- Appointing Authority: President of India, in consultation with the Chief Justice of India (CJI), Governor of the concerned State, and Chief Justice of the concerned High Court.
- Collegium System: The proposal is initiated by the High Court’s Chief Justice, forwarded through the Chief Minister and Governor, and decided by the CJI along with the two senior-most judges of the Supreme Court.
- Chief Justice Posting Policy: Chief Justices are appointed from outside the State to ensure impartiality.
- Transfers: The CJI and senior-most judges of the Supreme Court decide transfers to maintain judicial independence.
Removal Process:
- Grounds: Proved misbehaviour or incapacity.
- Procedure: Impeachment process under Articles 124(4) and 217, and Section 3(2) of the Judges (Inquiry) Act, 1968.
- Initiation: Motion signed by at least 100 Lok Sabha MPs or 50 Rajya Sabha MPs.
- Inquiry: 3-member committee comprising a Supreme Court judge, a Chief Justice of a High Court, and a distinguished jurist investigates the charges.
- Voting Requirement: Two-thirds majority in both Houses of Parliament for removal.
- In-House Mechanism: CJI can initiate internal inquiries and advise resignation in serious cases.
Other Notable Cases:
- Justice V. Ramaswami (1993): Faced impeachment for financial misconduct; motion failed in Lok Sabha.
- Justice Soumitra Sen (2011): Resigned after Rajya Sabha voted for removal over fund misappropriation.
- Justice K. Veeraswamy: Corruption case remained unresolved until his death.
- Justice Shamit Mukherjee (2003), Justice Nirmal Yadav (2008), Justice S.N. Shukla (2017): Faced criminal charges for corruption after in-house inquiries.
| [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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