Removal of a High Court Judge

• 18 Feb 2025

Why in News?  

Recently, after the controversial statement of Allahabad High Court judge, an impeachment motion signed by 55 members has been introduced in the Rajya Sabha to remove him from his post.  

Key Points  

• About the issue: 
  • The Judge had allegedly made some communal remarks at a Vishwa Hindu Parishad event in December 2024. 
  • Under the Judges Inquiry Act 1968, 55 opposition MPs in the Rajya Sabha have given a notice to introduce a motion to remove Justice from the office of judge for his alleged misconduct. 
• Procedure for removal of Judges: 
  • Under Articles 124 and 218 , judges of the Supreme Court and High Courts can be removed by the President on grounds of “proven misbehaviour” or “incapacity”. 
  • To remove this, a resolution must be passed by both houses of the Parliament: 
    • Majority of the total membership of the House. 
    • A special majority of not less than two-thirds of the members present and voting at the same session . 
  • The words “proven misbehaviour” and “incapacity” are not defined in the Constitution. 
    • Misconduct, as interpreted by the Supreme Court, includes wilful misconduct, corruption, lack of integrity or moral turpitude . 
    • Incapacity refers to a physical or mental condition that impedes judicial functioning. 
• Procedure under the Judges (Inquiry) Act, 1968: 
  • Notice of Offer: 
    • For this , signatures of at least 50 Rajya Sabha members or 100 Lok Sabha members are required. 
    • After consultation the Chairman or Speaker decides whether to accept the motion or not. 
  • Inquiry Committee constituted: 
    • If the proposal is accepted then a three-member committee consisting of judges and a renowned jurist is formed. 
    • The committee investigates allegations of: 
      • If the judge is acquitted, the motion is dismissed. 
        • If found guilty then the committee report is sent to the Parliament for voting. 
  • Parliamentary approval: 
    • For the President to remove a judge , both the Houses will have to pass a resolution with a special majority.