🔆Procedures for removing judges
Recently, a motion for the removal of Allahabad High Court Judge, Justice Shekhar Kumar Yadav, has been submitted to the Chairman of the Rajya Sabha by 55 Members of Parliament (MPs) from the Rajya Sabha.
✅Constitutional provisions: Under Articles 124 and 217 of the Indian Constitution, a Supreme Court or High Court judge can be removed by the President on grounds of ‘proved misbehaviour’ or ‘incapacity’.
✅The motion must be passed in both Houses of Parliament:
By a majority of the total membership of the House, and
By a two-thirds majority of the members present and voting in the same session (special majority).
✅The Constitution does not define the terms ‘proved misbehaviour’ or ‘incapacity’.
✅However, the Supreme Court has clarified through its judgments that actions such as wilful misconduct, corruption, lack of integrity, or offences involving moral turpitude constitute misbehaviour.
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2December 21, 2024 7.7K 10
