16-12-2017, 04:30 PM
Removal of Judges of the Supreme Court
*A judge of the Supreme Court can be removed by the President under Article, 124 (4) of the constitution if the Parliament passes a resolution to that effect.
*The grounds of removal are two - proved misbehaviour or incapacity.
*A motion of removal can be initiated by either House of the Parliament. Such a motion signed by 100 members in the case of Lok Sabha and 50 members in the case of Rajya Sabha is to be given to the Speaker or Chairman.
*If it is admitted the Speaker /Chairman
constitutes a three member committee to investigate into the charges.
*The committee consists of (1) the Chief Justice or a Judge of the Supreme Court (2) a Chief Justice of a High Court and (3) a distinguished jurist.
*If the Committee finds the Judge to be guilty of misbehaviour or suffering from incapacity, \ the House can consider the motion.
*A motion of removal of a judge of the Supreme Court must be passed by each House separately by a majority of of the members of the House present and voting and this majority should not be less than the maj ority of the total number of members “of the House.
*After the motion is passed by both the Houses by special majority it is sent to the President. Finally the President gives his order of removal of the Judge concerned.
*A judge of a High Court can be removed by the President in the same manner and in the same grounds as a judge of the Supreme Court is removed.
*The first case of impeachment of a judge in India was of Justice V. Ramaswami of the Supreme Court in May 1993. The motion fell through in the Lok Sabha as the ruling congress abstained from voting.
*The Rajya Sabha impeached Justice Soumitra Sen, a judge of Culcutta High Court in 2011 on charges of corruption.
*Justice Sen would go down in history as the first judge to be removed by the process of impeachment, if the Lok Sabha also gave its consent to remove him. But before initiating the procedure by the Lok Sabha Justice Sen gave his resignation to the President of India and the Speaker of the Lok Sabha.
*If the office of the President falls vacant by resignation, removal, death or otherwise, then the election to fill the vacancy should be held within six months from the date of the occurrence of the vacancy.
*In such a case the Vice President acts as the President until a new President is elected
*If the office of the Vice President is also vacant, then the Chief Justice of India acts as the President.
*Further, when the sitting President is unable to discharge his functions due to' absence, illness or any other cause, the Vice President discharges his functions until the President resumes his Office. If the Vice President is also absent the Chief Justice of India discharges the functions of the, President.
*Only once in the history of India, M. Hidayatullah, the Chief Justice of the Supreme court discharged the functions of the President because of the vacancy in the office of the President and the Vice President in 1969.
