CJI writes to PM for removal of Allahabad High Court judge
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Chief Justice of India has written to Prime Minister seeking initiation of impeachment proceedings against Allahabad High Court judge Justice Narayan Shukla.
The charges of judicial impropriety were slapped against the judge after it was found that he had made handwritten corrections to an order passed by his own bench so as to allow a medical college in Lucknow permission to take admissions.
In January 2018,a three-judge in-house committee had concluded there was sufficient substance in the allegations against the judge and that it was serious enough to call for initiation of proceedings for his removal.
When the CJI writes to the President and the prime minister for removal of a high court judge,the Rajya Sabha chairperson has to appoint a three-judge inquiry committee in consultation with the CJI under the provisions of the Judges (Enquiry) Act,1968 to look into the allegations.
The committee appointed by the Rajya Sabha chairperson would examine the evidence and records and opine if the same formed the basis for whether or not removal motion be debated in the Upper House.
A judge of a High Court (and Supreme Court) can only be removed by an order of the President passed after an address by each House of Parliament supported by (a)the majority of the total membership of that House and (b)supported by a majority of not less than two thirds of the members of the House present and voting.Such removal can be only on the ground of proved misbehaviour or incapacity.
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