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.