Article
124 of Constitution makes the CJI head of the Supreme Court and also
provides for the manner of his removal. A person appointed as the CJI or
any other judge of the Supreme Court can only be removed on the ground
of "proved misbehavriour or incapacity" before retirement due to age or
resignation or death.
"A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity," reads Article 124(4) of Constitution.
This provision of Constitution paved the way for the Judges (Inquiry) Act, 1968 and the Judges (Inquiry) Rules, 1969 which have laid down the entire process of removal of a Supreme Court judge. The process is formally called Impeachment.
Here is how a Supreme Court judge including the CJI may be impeached.
Impeachment of CJI or any other Supreme Court judge can be initiated in either House of Parliament. It requires a notice of motion issued by 100 MPs from the Lok Sabha or 50 MPs from the Rajya Sabha.
The notice can be presented to the Speaker or the Chairman of the House (Vice President) as the case may be. The Congress and six other Opposition parties approached Vice President with signatures of 64 sitting Rajya Sabha MPs.
The Speaker or the Chairman can accept or reject the notice of the motion for Impeachment of the CJI or any other Supreme Court judge. When the notice of the motion for Impeachment is accepted the Speaker or the Chairman forms a three-member committee to investigate the charges.
The inquiry committee comprises a senior judge of the Supreme Court, a judge of a high court and a distinguished jurist. The inquiry committee would look into the charges levelled by the legislators against the CJI and submits its report to the Speaker or the Chairman.
If the three-member committee finds merit in the allegations and recommends that the motion of Impeachment be taken up by the relevant House, the process for removal of the CJI would begin. The judge against whom a motion of Impeachment has been moved can defend himself personally or through a representative before the House.
Now the motion of Impeachment is taken up by the concerned House of Parliament. The motion is then put to vote and the House must pass it by a special majority. This means that at least two-thirds of the members present, which cannot be less than half of the strength of the House, must vote in support of the motion of Impeachment.
Once the originating House passes the motion of Impeachment against the CJI, it will be taken up by the other House, which needs to pass it by two-thirds special majority. After both the Houses have passed the motion of Impeachment, it is placed before the President for his/her approval. Once President gives his/her assent, the CJI stands impeached.
"A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity," reads Article 124(4) of Constitution.
This provision of Constitution paved the way for the Judges (Inquiry) Act, 1968 and the Judges (Inquiry) Rules, 1969 which have laid down the entire process of removal of a Supreme Court judge. The process is formally called Impeachment.
Here is how a Supreme Court judge including the CJI may be impeached.
Impeachment of CJI or any other Supreme Court judge can be initiated in either House of Parliament. It requires a notice of motion issued by 100 MPs from the Lok Sabha or 50 MPs from the Rajya Sabha.
The notice can be presented to the Speaker or the Chairman of the House (Vice President) as the case may be. The Congress and six other Opposition parties approached Vice President with signatures of 64 sitting Rajya Sabha MPs.
The Speaker or the Chairman can accept or reject the notice of the motion for Impeachment of the CJI or any other Supreme Court judge. When the notice of the motion for Impeachment is accepted the Speaker or the Chairman forms a three-member committee to investigate the charges.
The inquiry committee comprises a senior judge of the Supreme Court, a judge of a high court and a distinguished jurist. The inquiry committee would look into the charges levelled by the legislators against the CJI and submits its report to the Speaker or the Chairman.
If the three-member committee finds merit in the allegations and recommends that the motion of Impeachment be taken up by the relevant House, the process for removal of the CJI would begin. The judge against whom a motion of Impeachment has been moved can defend himself personally or through a representative before the House.
Now the motion of Impeachment is taken up by the concerned House of Parliament. The motion is then put to vote and the House must pass it by a special majority. This means that at least two-thirds of the members present, which cannot be less than half of the strength of the House, must vote in support of the motion of Impeachment.
Once the originating House passes the motion of Impeachment against the CJI, it will be taken up by the other House, which needs to pass it by two-thirds special majority. After both the Houses have passed the motion of Impeachment, it is placed before the President for his/her approval. Once President gives his/her assent, the CJI stands impeached.
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