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Removal of HC Judge
About
The removal (impeachment) of a High Court (HC) Judge is governed by Article 217 and Article 218 of the Indian Constitution. A judge can be removed for "proved misbehavior or incapacity" through a detailed impeachment process similar to that of a Supreme Court judge.
Process of Removal of a High Court Judge:
- Grounds for Removal:
A High Court judge can be removed only on two grounds:
Proved misbehaviour (e.g., corruption, abuse of power)
Incapacity (physical or mental inability to perform duties)
- Initiation of Removal Process:
- A motion for removal must be signed by:
- 100 Lok Sabha MPs or 50 Rajya Sabha MPs.
- The motion is then submitted to the Speaker of Lok Sabha or the Chairman of Rajya Sabha.
- Inquiry by a Judicial Committee:
- If accepted, the Speaker/Chairman forms a three-member judicial committee consisting of:
- A Supreme Court Judge
- A Chief Justice of a High Court
- A distinguished jurist
- The committee investigates the charges against the judge.
- Report Submission & Parliamentary Voting:
- If the committee finds the judge guilty, the motion moves to both Houses of Parliament.
- The Lok Sabha and Rajya Sabha must pass the motion by a special majority:
- Two-thirds of members present and voting
- Absolute majority of the total strength of the House
- President's Approval & Final Removal:
- If both Houses pass the motion, it is sent to the President of India.
- The President issues an order for the judge's removal.
-- Daily News Section Compiled
By Vishwas Nimbalkar