Procedure for Removal of Judges
Grounds for Removal: A judge can be removed for "proved misbehaviour" or "incapacity" as per Articles 124 and 217 of the Constitution.
Procedure:
A motion for removal must be passed in both Houses of Parliament by a special majority:
Majority of total members in each House.
Majority of two-thirds of members present and voting.
Steps in the Process:
A notice of motion must be signed by at least 50 Rajya Sabha members or 100 Lok Sabha members.
The motion is reviewed by the Chairman (Rajya Sabha) or Speaker (Lok Sabha), who may admit or reject it.
If admitted, a three-member committee is formed (judges + distinguished jurist) to investigate the allegations.
If the committee clears the judge, the motion ends; if guilty, the motion proceeds to Parliament for approval.
Misbehaviour includes wilful misconduct, corruption, lack of integrity, or moral turpitude.
Incapacity refers to physical or mental health issues affecting the judge's performance.
Current Issue
Justice Yadav's made communally charged remarks, suggesting that the country should be run according to the majority's wishes, which raised concerns.
Judges are expected to maintain impartiality and uphold public faith in the judiciary, as per the Supreme Court's 1997 guidelines.
The Judges (Inquiry) Bill, 2006, proposed defining misbehaviour to include violations of judicial conduct, though the bill was not passed.
What is Required
The rigorous removal process ensures judges are not removed without valid reasons, safeguarding judicial independence.
The stringent process and special majority requirements have led to few removals even after findings of misbehaviour.
Judges must always exhibit behavior that aligns with the dignity of their constitutional office.
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