Constitutional Bench to hear plea to BID sway 

Constitutional Bench to hear plea to BID sway 

Context:

• A Constitution Bench, on November 13, will hear a petition regarding a corruption case involving a former Odisha High Court judge.
• The case involves corruption in the very highest echelons of power, including the justice delivery system.

What is the issue?

• Integrity of judicial institution is at stake: The petition quoted the CBI’s FIR alleging a “bribery scandal”.
•  Aretired Odisha High Court judge I.M. Quddusi, Delhi resident Bhawana Pandey and “hawala operator” Biswanath Agarwal, hatched a conspiracy with the management of Uttar Pradesh-based Prasad Education Trust to influence its case in the Supreme Court in exchange for a very large illegal gratification.
• Looking at the intensity of the case,  this matter is to be heard by the Constitution Bench of the first five Judges in the order of seniority of this Court.
• Thus,  these cases of corruption weakens the integrity of the judicial institutions.

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 proven 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.