Q. With reference to removal of the High Court judges in India, consider the following statements:
1. No judge of any high court has been impeached so far since independence.
2. Speaker has discretionary power in admitting the motion of removal.
3. Removal procedure of a high court judge is similar to Supreme Court judge.
How many of the above given statements are correct?
Exp) Option c is the correct answer.
Statement 1 is correct: No judge of any high court (or Supreme Court) of India has been impeached so far. Impeachment proceedings against SC or HC judges initiated a total of 4 times in Indian history.
Statement 2 is correct: The Speaker/Chairman may admit the motion of removal of High court or refuse to admit it. They have discretionary power in admitting the motion of removal.
Statement 3 is correct: 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. The procedure for the impeachment of a judge of a high court is the same as that for a judge of the Supreme Court. The grounds of removal are two– proved misbehaviour or incapacity.
| Important Tips A judge of a high court can be removed from his office by an order of the 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. |
