WHAT IS THE PROCEDURE FOR REMOVING A JUDGE OF THE HIGHCOURT ON THE BASIS OF MISCONDUCT AND INABILITY???
Share
WHAT IS THE PROCEDURE FOR REMOVING A JUDGE OF THE HIGHCOURT ON THE BASIS OF MISCONDUCT AND INABILITY???
Sign Up to our social questions and Answers Engine to ask questions, answer people’s questions, and connect with other people.
Login to our social questions & Answers Engine to ask questions answer people’s questions & connect with other people.
A removal motion signed by 100 members (in case of Lok Sabha) or 50 members (in case of Rajya Sabha) is to be given to the Speaker/Chairman. (The removal motion can be introduced in any of the two Houses of Parliament).
2 The Speaker/Chairman may admit and reject the motion.
3 If it is admitted, then the Speaker/Chairman is to constitute a three-member committee to investigate into the charges. The Committee should consist of the Chief Justice or a judge of the Supreme Court, a chief justice of a high court and a distinguished jurist.
4 If the committee finds the judge to be guilty of the charges (misbehaviour or incapacity), the House in which the motion was introduced, can take up the consideration of the motion.
5 Once, the House in which removal motion was introduced passes it with special majority, it goes to the second House which also has to pass it with special majority.
6 After the motion is passed by each House of the Parliament by special majority, an address is presented to the President for removal of the judge.
7 Finally, the President passes an order removing the judge.