How A Judge Can Be Removed?

How exactly judges of the Supreme court of India can be removed? Can they remove from the office? Does the government get a say in their removal?

These questions have seen a long history that saw the Judiciary face off against what they perceived as attempts by the Executive to intervene, so as to state their freedom. Here is an ultimate guide what the law says about the removal of a judge.

The constitution states that the judge can be expelled just by a request of the President, based on view passed by the two Houses of Parliament. The procedure for expulsion of judges is expounded in the Judges Inquiry Act, 1968. The Act states following steps to remove the judge from office:

     1.)    Under Judges Inquiry Act, an impeachment movement may initiate in either House of Parliament. To originate procedure :

        · A signed a notice to a speaker from at least 100 members from Lok Sabha.

       ·A signed the notice to Chairman from at least 50 members from Rajya Sabha.

      The Speaker or Chairman may consult people and look at relevant material related to the notice. They will decide either to admit motion or not.

    2.)   If the motion is admitted, the Speaker or Chairman will comprise a three-member committee to investigate complaints. It will include:

          ·         Supreme Court Judge

        ·        Chief Justice of the High Court

        ·         Distinguished jurist
      The committee will outline the charges on which the investigation will be conducted.

    3.)    After an investigation, the committee will submit a report to the Speaker or Chairman. If the report includes misbehavior or incapacity, the motion for evacuation will be taken up for consideration.

   4.)   The motion for expulsion is required to be adopted by each House of Parliament: 

        ·         Majority of the total membership of House

        ·         Majority of at least two-third members of House present and voting.

If the motion is adopted by House then it is sent to other House. The motion should be passed by both Houses. Then it is sent to President who will issue an order to remove a judge. For more information Visit: www.ziajudicials.com