Social Sciences, asked by RakulPreetSingh, 1 year ago

how judge of supreme Court or high court be removed

Answers

Answered by Anonymous
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. 

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Answered by Anonymous
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.

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