Removal of Judges

Article 124(4): broad principles of removal
Article 124(5): detailed provisions
- Parliament passed Judges Enquiry Act 1968
- both SC & HC judge can be removed thru this procedure

Grounds for removal

Proven misbehaviour or incapacity
- neither term has been defined in constitution
- proven misbehaviour commonly refers to act of gross violation of constitution or such an act that is unbecoming of judge of the SC or HC
- incapacity may be due to phy/mental incapacity

acc to Judges Enquiry Act 1968
motion of removal address to the President may be moved in either house of parl
motion to be signed by atleast 100 members of Lok Sabha and 50 members of Rajya Sabha and delivered to Presiding Officer
- PO may reject the motion 🤪
if accepted by PO, investigation committee shall be formed that shall enquire charges against the said judge
Committee shall comprise of 3 judges
- judge of SC
- 2 chief justice of high court
such appt is made by presiding officer of house
if committee finds judge guilty, the motion, along with report of committee shall be taken up for consideration by that house of parliament
judge may appear to defend his position
if house passes resolution thru Special Majority it will be sent to second house, which must also pass with spl majority
finally presented to President who should also pass order in same session

judges susceptible to political process of voting which may or may not impeach judges despite a 3 member committee holding him guilty
entire process concerns concerns of a possibility of harming judicial independence
terms “misbehaviour” and “incapacity” not defined
process too elaborate and cumbersome
process hasn’t been able ho hold judiciary accountable