how judge of supreme Court or high court be removed
Answers
Answered by
44
The parliament has the power to remove Supreme court or High court judges as the parliament has many residuary powers.
An Impeachment motion should be passed by at least 2/3rd of the Lok Sabha and the Rajya Sabha for removing the Judges of supreme court and high court.
The supreme court or high court judge can be removed by the President of India on the basis of two major points -
1.Proved mis behaviour
2.Incapacity.
An Impeachment motion should be passed by at least 2/3rd of the Lok Sabha and the Rajya Sabha for removing the Judges of supreme court and high court.
The supreme court or high court judge can be removed by the President of India on the basis of two major points -
1.Proved mis behaviour
2.Incapacity.
Anonymous:
plz mark brainliest ...
Answered by
16
The procedure relating to the removal of a judge of the
Supreme Court is regulated by the Judges
Inquiry Act,1968, by the process of impeachment. There are two grounds for removal - proved
misbehaviour or incapacity. A judge of the Supreme Court can be removed from
his office by an order of the President. The President can issue the
removal order after an address by the Parliament, supported by a special majority of each House of Parliament
(that is, a majority of the total membership of that House and a majority of
not less than two thirds of the members of that house present and voting), has
been presented to the President in the same session of Parliament for such a
removaThe step-wise process is:
A
removal motion signed by 100 members (in case of Lok Sabha) or 50 members
(in case of Rajya Sabha) is to be given to the Speaker/Chairman. (The
removal motion can be introduced in any of the two Houses of Parliament).
The Speaker/Chairman may
admit and reject the motion.
If it is admitted, then the
Speaker/Chairman is to constitute a three-member committee to
investigate into the charges. The Committee should consist of the Chief Justice or
a judge of the Supreme Court, a chief justice of a high court and a
distinguished jurist.
If the committee finds the
judge to be guilty of the charges (misbehaviour or incapacity), the House
in which the motion was introduced, can take up the consideration of the
motion.
Once, the House in which
removal motion was introduced passes it with special majority, it goes to
the second House which also has to pass it with special majority.
After the motion is passed
by each House of the Parliament by special majority, an address is
presented to the President for removal of the judge.
Finally, the President
passes an order removing the judge.
Similar questions