Removal of Judges of SC

Constitutional Provisions for Removal of Judges

The Indian Constitution lays down a strict procedure for the removal of Supreme Court and High Court judges to ensure judicial independence while maintaining accountability.

Supreme Court Judges (Article 124(4) & (5))

  • A Supreme Court judge can only be removed on grounds of “proved misbehavior or incapacity.”
  • Removal is done by an order of the President after approval by both Houses of Parliament through a special majority.

High Court Judges (Article 217(1)(b))

  • A High Court judge can also be removed only on the same grounds as above.
  • The process follows similar procedures as that of Supreme Court judges.

The Removal (Impeachment) Process

Step 1: Initiation of Motion

  • The process starts when 100 Lok Sabha MPs or 50 Rajya Sabha MPs sign a motion and submit it to the Speaker (Lok Sabha) or the Chairman (Rajya Sabha).
  • The presiding officer may admit or reject the motion.

Step 2: Investigation by a Committee

  • If admitted, a three-member committee is formed, comprising:
    • A Supreme Court judge
    • A High Court Chief Justice
    • An eminent jurist
  • The committee examines the charges and submits a report:
    • If the judge is found guilty , the motion proceeds.
    • If not guilty , the motion is dropped.
Removal of Judges of SC

Step 3: Voting in Parliament

  • If the charges are proven, both Houses of Parliament must pass the motion by a special majority (2/3rd members present and voting, plus a majority of the total membership).

Step 4: Presidential Assent

  • Once both Houses approve, the President issues an order for the judge’s removal.

In-House Procedure for Misconduct Complaints

  • The Chief Justice of India (CJI) receives complaints regarding judicial misconduct.
  • A preliminary inquiry is conducted to check whether there is enough merit to proceed.
  • If misconduct is suspected, a three-judge committee is set up to investigate.
  • The committee may recommend:
    • No action needed.
    • Cautioning the judge.
    • Asking the judge to resign voluntarily.
    • Impeachment process to be initiated.

This process ensures internal discipline without direct political interference.

Important Cases Related to Judges' Removal

  • Justice V. Ramaswami (1991):
    • First judge against whom impeachment proceedings were initiated.
    • Found guilty by the committee but survived due to Congress MPs abstaining from voting.
  • Justice Soumitra Sen (2011):
    • Impeachment motion passed in Rajya Sabha but he resigned before Lok Sabha could vote.
  • Justice P.D. Dinakaran:
    • Accused of land grabbing.
    • Resigned before the impeachment process could start.
  • Justice S.K. Gangele (Madhya Pradesh HC, 2018):
    • Accused of sexual harassment, but the committee found no conclusive evidence.

Supreme Court’s Reforms in 2014

  • The Supreme Court revisited the in-house procedure for dealing with misconduct.
  • It emphasized confidentiality, fair inquiry, and accountability.
  • The Court held that judges must be given a chance to explain themselves before action is taken.

UPSC Mains Practice Questions

  • Judicial independence is crucial for democracy, but so is accountability. Discuss the provisions for the removal of judges in India and their effectiveness. (250 words, GS Paper 2)
  • What are the ethical concerns surrounding judicial misconduct in India? Suggest reforms to enhance transparency in the judiciary. (250 words, GS Paper 4)