WHAT IS THE PROCEDURE FOR REMOVING A JUDGE OF THE HIGHCOURT ON THE BASIS OF MISCONDUCT AND INABILITY???
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Answer: The Supreme Judge of the Supreme Court is also removed through the process of misconduct. महाभियोग प्रक्रिया द्वारा
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The 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).
2 The Speaker/Chairman may admit and reject the motion.
3 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.
4 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.
5 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.
6 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.
7 Finally, the President passes an order removing the judge.
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).
2 The Speaker/Chairman may admit and reject the motion.
3 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.
4 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.
5 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.
6 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.
7 Finally, the President passes an order removing the judge.
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