In India, the removal of a High Court Judge is a rare and constitutionally guided process. It is not an executive action, but a rigorous legal mechanism involving both judicial and parliamentary oversight.
⚖️ Constitutional Framework
- Article 217 deals with the appointment, resignation, and conditions of High Court judges.
- Article 124(4) outlines the removal procedure — applicable to both Supreme Court and High Court judges.
🧷 Step-by-Step Procedure
1. Motion by MPs
A removal motion must be signed by:
- 100 Lok Sabha MPs, or
- 50 Rajya Sabha MPs
It is then submitted to the Speaker or Chairman, respectively.
2. Preliminary Scrutiny
The Speaker/Chairman decides whether to admit the motion. If admitted, a three-member inquiry committee is formed:
- The Chief Justice of India (or an SC judge),
- The Chief Justice of a High Court, and
- A distinguished jurist.
3. Committee Investigation
The committee examines the charges. If the judge is found guilty of “proved misbehaviour” or “incapacity,” the process moves forward.
4. Parliamentary Voting
Both Houses of Parliament must pass the motion by:
- A majority of total membership, and
- A two-thirds majority of those present and voting.
5. Presidential Order
Once passed, the President of India issues the final removal order.
🛑 If the Judge Resigns
The judge can resign before the motion is passed. In such cases, as seen in the case of Justice Soumitra Sen, impeachment is dropped.
📌 Why This Process Matters
This structured process ensures judicial accountability while preserving the independence of the judiciary from political or executive pressure.
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