Removal of Allahabad High Court Judge | 18 Dec 2024

Why in News? 

Recently, fifty-five MPs of the Rajya Sabha have submitted a motion, for removing a Allahabad High Court Judge, Justice Shekhar Kumar Yadav, to Chairman of the Rajya Sabha. 

 Key Points 

• 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 “proved misbehaviour” or “incapacity.” 
  • Removal requires a motion passed by both Houses of Parliament with: 
    • A majority of the total membership of the House. 
    • A special majority of not less than two-thirds of the members present and voting in the same session. 
  • The terms “proved misbehaviour” and “incapacity” are not defined in the Constitution. 
    • Misbehaviour includes wilful misconduct, corruption, lack of integrity, or moral turpitude, as interpreted by the Supreme Court. 
    • Incapacity refers to physical or mental conditions preventing judicial functions. 
• Procedure Under the Judges (Inquiry) Act, 1968: 
  • Notice of Motion: 
    • Requires signatures of at least 50 Rajya Sabha members or 100 Lok Sabha members. 
    • The Chairman or Speaker decides whether to admit the motion after consultation. 
  • Inquiry Committee: 
    • If the motion is admitted, a three-member committee is formed, including judges and a distinguished jurist. 
    • The committee investigates the charges: 
      • If the judge is absolved, the motion is dropped. 
      • If guilty, the committee's report is sent to Parliament for a vote. 
  • Parliamentary Approval: 
    • Both Houses must pass the motion with a special majority for the President to remove the judge. 
• Current Issue: 
  • Justice Yadav made communally charged remarks at an event organized by the Vishwa Hindu Parishad, stating the country should be run by the wishes of the majority. 
  • The Reinstatement of Values of Judicial Life (1997) requires judges to maintain impartiality and avoid actions unbecoming of their office. 
  • Although the Judges (Inquiry) Bill, 2006 (not passed) defined misbehaviour to include code violations, it also proposed minor disciplinary measures like warnings or censure for lesser misconduct. 
• Stringent Removal Process: 
  • The process ensures judicial independence but often results in no action against judges even when guilty. 
  • The Blackstone’s Ratio principle is better to let the guilty escape than punish the innocent, and applies to judges’ removal to uphold independence.