Procedure of Removal of a Judge

Procedure of Removal of a Judge

  • Context:

  • The Supreme Court recently reserved its judgment on a plea challenging the constitution of an Inquiry Committee against Justice Yashwant Varma (Allahabad High Court).

  • The controversy arose because the Lok Sabha Speaker admitted the removal motion, while the Rajya Sabha Deputy Chairman rejected a simultaneous motion.

  • The Rajya Sabha Chairman (Vice-President) resigned shortly thereafter.

  • The Lok Sabha Speaker constituted an inquiry committee unilaterally

  • Article 91 vs. Judges Inquiry Act:

  • Article 91 empowers the Deputy Chairman to perform the duties of the Chairman of the Rajya Sabha when the office is vacant or the Chairman is absent.

  • The petitioner argued that the power to admit or reject a removal motion is a statutory power under the Judges (Inquiry) Act, 1968, vested specifically in the "Chairman."

  • They contended that Article 91 applies to the ordinary business of the House and cannot be invoked by the Deputy Chairman to exercise this specific statutory power, especially to reject a motion

  • It was argued that the Chairman (Vice-President) acts as a neutral constitutional arbiter.

  • In contrast, the Deputy Chairman is a member of a political party and might have a conflict of interest, threatening the neutrality required for judicial removal proceedings.

  • Constitutional Framework:

  • Article 124(4):

  • A judge can be removed only by an order of the President after an address by each House of Parliament supported by a special majority (majority of total membership + 2/3rd present and voting) on grounds of proved misbehaviour or incapacity

  • Article 124(5):

  • It empowers Parliament to regulate the procedure for the presentation of the address and investigation (basis for the Judges Inquiry Act, 1968).

  • The dispute revolves around Article 124(5), which empowers Parliament to regulate the procedure for removal.

  • Judges (Inquiry) Act, 1968:

  • The motion is to be signed by 100 members (Lok Sabha) or 50 members (Rajya Sabha)

  • If admitted, a 3-member committee is formed:

  • A Supreme Court Judge

  • A High Court Chief Justice

  • A Distinguished Jurist

  • If notices are admitted in both Houses, a single joint committee is formed.

  • The controversy here is whether the "rejection" by the RS Deputy Chairman prevents the LS Speaker from unilaterally forming a committee.