Impeachment of a Judge

In: Business and Management

Submitted By HeliModi
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Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment.

A member of the higher judiciary, which means the Judges and Chief Justices of the Supreme Court of India and the state High Courts, can be removed from service only through the process of impeachment under Article 124 (4) of the Constitution on grounds of proven misbehaviour or incapacity. In India, there is no other process by which a Judge can be removed from office before his term comes to an end. However, the process is very cumbersome.

Impeachment of judges can only be done on grounds of 'proven misbehavior' and 'incapacity'. if a judge of SC is to be impeached, recommendation must be made by the chief justice of India to the President. if it is accepted then a proposal for impeachment must be introduced by atleast 100 MPs in Lok sabha or 50 MPs in Rajya sabha. the concerned judge is to be given a copy of the proposal before the discussion takes place in the Parliament. the motion should be passed by a majority of two-thirds of the members present and voting ,seperately in each house. if the motion is passed, the formal announcement of removal is made by the president. After the debate ends and the Judge has been heard, if the House decides to put the motion to vote, the resolution has to be passed by two-thirds majority in both Houses in the same session. The resolution is then sent to the President, who orders removal of the Judge.


Justice Soumitra Sen of the…...

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