procedure for impeachment of high court judge
TS Bhatia
(Querist) 09 September 2008
This query is : Resolved
What is the procedure of impeaching high court judge ?
SANJAY DIXIT
(Expert) 09 September 2008
Article 124 (4) of Constitution of India says: 'A judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two third of the members of the House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.'
For high court judges, Article 217 (b) says his/her removal from the office is to be done in the same manner provided in Article 124 (4) cited above.
To initiate an impeachment proceeding in Rajya Sabha, support of 50 members is required and in the Lok Sabha, support of 100 members. The judges’ committee will examine the allegations and they report their opinion to the parliament.
Each house of parliament has to take a decision on removal of judge from office supported by a majority of the total membership of the house and by a majority of not less than two-thirds of the members of that house present and voting in the same session. Then the President of India, by an order, can remove the judge.
Rajesh Kumar
(Expert) 09 September 2008
Sanjay is right.
I am writing this only to coorect the use of term "impeachment".
Only the president is impeached. Under impeachment when a resolution is passed in parliament, after that no order is required- the president is removed from the office the moment impeachment proposal is passed.
In case of other authorities, it is not impeachment. The authorities remain in office even after the proposal is passed and removed only when executive order is issued after passing of removal resoltion. These removal resolutions are not impeachment proceedings.
Adv.Shine Thomas
(Expert) 11 September 2008
In India a judge may be removed from his office by an order of the President only on grounds of proved misbehavior or incapacity.The order of the President can only be passed after it has been addressed to both Houses of Parliament in the same session and other proceedings as stated by Mr.Sanjay Dixit.It is not an impeachment.I agree with Mr. Rajesh Kumar.But in America,the Judges of Supreme Court can be removed by impeachment in cases of treason,bribery etc.
ARVIND JAIN
(Expert) 25 September 2008
AS FAR AS INDIA IS CONERNED RAJESH'S VIEW IS CORRECT.JUDGES ARE REMOVED NOT IMPEACHED.
