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:
  1. 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)

  1. 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.
  1. Inquiry by a Judicial Committee:
  • If accepted, the Speaker/Chairman forms a three-member judicial committee consisting of:
  1. A Supreme Court Judge
  2. A Chief Justice of a High Court
  3. A distinguished jurist
  • The committee investigates the charges against the judge.
  1. 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
  1. 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
 
 
 
 
 
Posted by on 14th Feb 2025