Question

What procedure has been laid down for the removal of the Judge of a High Court?

Answer 1

The Constitution shields the judiciary by stating that a judge of Supreme Court or High Court can only be removed by the President’s order. This order is based on a motion passed by both the houses of Parliament. The procedure for removal of judges is elaborated in the Judges Inquiry Act, 1968. The Act outlines the following steps for removal of judge from office:
• A removal motion passed in the Parliament House (Lok Sabha or Rajya Sabha).
• In case motion is admitted, investigation into the charges by a three-member committee.
• In case the judge is found to be guilty of misbehaviour or incapacity by the committee, the motion is taken up for discussion and approval in the House where it was introduced.
• If the motion gets majority votes for approval in this House, it goes to the other House for approval by majority votes.
• Once the motion is passed through both the Houses through special majority votes, the President is presented with the address for removal of the judge.
• The President passes the order for the removal of the judge.