Q. With reference to removal of High court judges, consider the following statements:
1. The president can issue the removal order of a judge only after the address of State Legislature has been presented to him in the same session.
2. The committee formed to investigate the charges should consist of Chief Justice of a High Court.
Which of the above statements is\are correct?
Exp) Option b is the correct answer.
Statement 1 is incorrect. The judges of High Courts in India are removed by President. The president can issue the removal order only after an address by the Parliament has been presented to him in the same session for such removal. The address must be supported by a special majority of each House of Parliament (i.e., a majority of the total membership of that House and majority of not less than two-thirds of the members of that House present and voting).
Statement 2 is correct. The committee formed to investigate the charges for removal of HC judge must consist of Chief Justice of High Court. The Speaker/Chairman 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, chief justice of a high court, and a distinguished jurist.
| Important Tips The Constitution under Article 124(4) has provided for the impeachment of judges on the grounds of proved misbehaviour or incapacity but the Constitution has not given any mandate till date as to what constitutes ‘misbehaviour’ or ‘incapacity’. Thus, a judge of a high court can be removed in the same manner and on the same grounds as a judge of the Supreme Court. |
