Author Name:   vishalcnlu

Impeachment controversy of Supreme Court and High Court Judges in India

Judges of Supreme Court and High Court can be Impeach? - A Controversy

Some days before what happen in Madhya Pradesh District Gwalior, everybody knows about it. A senior Judge tries to exploit his Junior Judge. This is not the first time that any judge has done something wrong. And Media and our Government try to punish that particular corrupt person.

But I found one thing that People and Media use the word impeachment for punishment of the judge. I don't know why people use the word impeachment instead of Removal. If we see the Constitution of India than we find there is no word like impeachment for the punishment of judges. One more thing that a person is appointed by President of India but it cannot be removed by the President of India. It is also a big question. Why we go for the procedure for the removal of any Judges instead of we can directly removed that particular corrupt person.

It is true that Judges of High Court and Supreme Court is appointed by the President of India but President of Indian doesn’t have any power to remove any corrupt judge. Because if you go through the Constitution of India, than anyone can easily find the reason that why President of Indian doesn't have any power to remove any Judges of High Court and Supreme Court.

Art. 124 of Constitution of India

As per Art. 124(2) that:Every Judges of Supreme Court shall be appointed by the President of India by warrant under his hand and seal after consultation with such of the judges of the Supreme Court and of High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of 65 year."

So it is quite clear with the Art. that President can appoint any Judges of Supreme Court and High Court after consultation with the Senior Judges. So it is quite clear that any judge is not appointed by directly by the President of India. But if anyone is appointed by the pleasure of President of India than President of Indian has a direct power to remove that particular corrupt person. Like Attorney-General of India.
 
Now the second important question is why the Judges of Supreme Court and High Court can not be impeached. They can only removed by the Parliament by the procedure establish by Law. So we have to see the procedure of Impeachment and Removal.

Removal of Judges- Art. 124(4)

"A judge of 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 the majority of the total members of the House and by the majority of not less than two-thirds of the members of the House present and voting has been presented to the president in the same session for such removal on the ground of proved misbehavior or incapacity."

Impeachment of President & Procedure:- Art. 56 and 61

Art. 56(b):- “The President of India may, for violation of the Constitution be removed from office by impeachment in the manner provided in article 61"

Art. 61:- Procedure for impeachment of the President

1. When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament

2. No such charge shall be preferred unless-
# the proposal to prefer such charge is contained in a resolution which has been moved after at least fourteen days notice in writing signed by not less than one fourth of the total number of members of the House has been given of their intention to move the resolution, and
# such resolution has been passed by a majority of not less than two thirds of the total membership of the House

3.   When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge or cause the charge to be investigated and the President shall have the right to appear and to be represented as such investigation 
 
4. If as a result of the investigation a resolution is passed by a majority of not less than two thirds of the total membership of the House by which the charge was investigated or cause to be investigated, declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed

Difference between Removal of Judge and Impeachment of President of India

Word used by the Constituent Assembly:-
# There is a clear word "Removal of Judges" used by the Constituent Assembly not impeachment.
# There is "Impeachment" word used for the removal of the President of India by the Constituent Assembly.

Grounds:-
# Ground of removal is "Misbehavior or incapacity."
# Ground of Impeachment is "Violation of Constitution"

Procedure for Removal of Judges

# A resolution must be passed by the both house by the majority of total members of the house &
# By the majority of two-third of members of of both the house present and voting.
# Passed resolution must present before the President of Indian in the same session
# And that must signed by the President of India.

For Impeachment of President

# For impeachment the motion must be moved by the one fourth of total membership of the House and singed.
# A notice must be given at least 14 days before form the date of moved motion.
# And such resolution must be passed by the two-third of total membership of both the House.

So it is quite clear that Judges of Supreme Court and High Court cannot be Impeached only the President of Indian can Impeached.

ISBN No: 978-81-928510-1-3
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