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With reference to the Impeachment of Judges in India, consider the following statements
Removal of a judge is permitted only on grounds of proven misbehaviour or incapacity.
The procedure for removing a Supreme Court judge and a High Court judge is the same and is mentioned in the Constitution.
No judge has been impeached since independence.
Which of the statements given above is/are not correct?
1&2 only
1 only
2 only
2&3 only
Statement 1 is correct
Grounds for Impeachment:
Constitutional Provisions: Article 124(4) and Article 218 provide the legal basis.
Criteria: Removal is permitted only on grounds of proven misbehaviour or incapacity.
Statement 2 is incorrect
The Judges Enquiry Act (1968) regulates the procedure for removing an SC judge and an HC judge.
Initiation: Requires a motion signed by at least 100 MPs in Lok Sabha (LS) or 50 MPs in RS.
Committee of Inquiry:
Comprises the CJI or SC judge, a High Court CJ, and a distinguished jurist.
Investigates charges, frames allegations, examines evidence and cross-examines witnesses.
Report findings to the Speaker/Chairperson.
Each House must pass the motion with at least two-thirds of the members present and voting and more than 50% of the total membership in favour.
If both Houses agree, the President issues the removal order.
Termination of Proceedings: If the committee finds the judge not guilty, the matter is dropped.
From the above, it is clear that the procedure for the impeachment of a high court judge is the same as that for a judge of the Supreme Court.
Statement 3 is correct
Cases of Judicial Impeachment:
Justice Ramaswami (1993): Accused of financial impropriety. Motion failed as LS abstained from voting.
Justice Soumitra Sen (2011): Guilty of corruption, impeached in RS but resigned before LS discussion.
Justice S. K. Gangele (2015): Cleared by a committee on sexual harassment charges.
Justice Pardiwala (2015): Motion dropped after controversial remarks on reservations were expunged.
Justice C. V. Nagarjuna (2017): Accused of victimising a Dalit judge and financial misconduct. The motion failed due to insufficient signatures.
Justice Dipak Misra (2018): The RS chairman rejected the motion at the preliminary stage.
By: Shubham Tiwari ProfileResourcesReport error
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