Process of Removal of Supreme Court Judge

Process of Removal of Supreme Court Judge
  • Context:

  • The Supreme Court has issued a notice on a petition by Allahabad High Court judge, Justice Yashwant Varma, challenging the validity of an inquiry committee constituted by the Lok Sabha Speaker.

  • The judge contends that the committee was formed unilaterally without the required joint consultation with the Rajya Sabha Chairman, despite motions being admitted in both Houses.

  • Constitutional Provisions for the removal of Judges of SC/HC:

  • A judge may be removed from office through a motion adopted by parliament on grounds of ‘proven misbehaviour or incapacity’.

  • While the constitution does not use the word ‘impeachment’, it is colloquially used to refer to the proceedings under Article 124 (for the removal of a Supreme Court judge) and Article 218 (for the removal of a high court judge).

  • Article 124(4):

  • A judge of the Supreme Court can be removed from office by an order of the President.

  • Article 217(1)(b):

  • It provides that a High Court judge shall be removed from office in the manner provided in Article 124(4) for the removal of a Supreme Court judge.

  • Procedure under Judges (Inquiry) Act, 1968:

  • The constitution provides that a judge can be removed only by an order of the president, based on a motion passed by both houses of parliament.

  • A removal motion must be signed by at least 100 members (if in Lok Sabha) or 50 members (if in Rajya Sabha) and given to the Speaker/Chairman.

  • If the motion is admitted, a three-member committee is constituted to investigate the charges.

  • It comprises:

  • Chief Justice of India or a Supreme Court Judge.

  • Chief Justice of a High Court.

  • A distinguished jurist.

  • If notices are given in both Houses on the same day, the Committee shall be constituted jointly by the Speaker and Chairman.

  • If the committee finds the judge guilty, the motion must be passed by each House with a special majority (majority of total membership and 2/3rd of members present and voting).

  • Once adopted by Parliament, the President issues the order for removal.