CJI Mishra asserts himself in SC amidst corruption storm

CJI Mishra asserts himself in SC amidst corruption storm

Context:

• A five-judge constitution bench headed by Chief Justice of India Dipak Misra has annulled an unprecedented order passed by the second senior-most judge, Justice J. Chelameshwar, to constitute a five-judge bench to deal with bribery allegations against a retired high court judge

Introduction:

• On Thursday, a two-judge bench headed by Justice Chelameshwar had issued the order to set up the constitution bench to decide whether a special team should probe allegations that former Orissa High Court judge Justice I.M. Quiddusi had taken a bribe with the promise of influencing a Supreme Court case involving a private medical college.

What is the issue?

• The matter concerns two petitions seeking a probe by a special investigation team (SIT) into allegations of corruption contained in a first information report registered by the CBI last September.
• The FIR alleged that a conspiracy was hatched by some persons, including a former Orissa High Court judge and a hawala dealer, to bribe Supreme Court judges hearing the case of a debarred private medical college.
• The case involves corruption in the very highest echelons of power, including the justice delivery system.

Constitutional Benches of the Supreme Court:

• Constitution bench is the name given to the benches of the Supreme Court of India which consist of at least five judges of the court which sit to decide any case “involving a substantial question of law as to the interpretation” of the Constitution of India.
• This provision has been mandated by Article 145 (3) of the Constitution of India.
• The Chief Justice of India has the power to constitute a Constitution Bench and refer cases to it.
• Constitution benches have decided many of India’s best-known and most important Supreme Court cases.

Removal of judges:

• Removal of  a Supreme Court or High Court judge is governed by Articles 124 (4) and (5) and 217 (1) (b) and 218 of the Constitution on the ground of proved misbehaviour or incapacity.
• The words “misbehaviour” or “incapacity” have neither been defined nor clarified in the Constitution.
• The complaint about misbehaviour or incapacity against a judge has to be probed under the Judges (Inquiry) Act, 1968.

Art. 124 of Constitution of India

• As per Art. 124(2), “Every Judges of Supreme Court shall be appointed by the President of India by warrant under his hand and seal after consultation with such of the judges of the Supreme Court and of High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of 65 year.”
• So it is quite clear with the Art. that President can appoint any Judges of Supreme Court and High Court after consultation with the Senior Judges.
• Any judge is not appointed by directly by the President of India.
• But if anyone is appointed by the pleasure of President of India than President of Indian has a direct power to remove that particular corrupt person. Like, Attorney-General of India.