THREAD:
1. As per Article 124(4)/(5) of Constitution read with Judges (Inquiry) Act-1968 it requires 100 LS MPs OR 50 RS MPs to move a motion to impeach SC Judge, in respective House.
Then Speaker or Vice President as the case may be, will decide to admit or reject the motion.+
1. As per Article 124(4)/(5) of Constitution read with Judges (Inquiry) Act-1968 it requires 100 LS MPs OR 50 RS MPs to move a motion to impeach SC Judge, in respective House.
Then Speaker or Vice President as the case may be, will decide to admit or reject the motion.+
2. If rejected, then matters ends there.
If admitted, then Speaker of Vice-President will constitute a Committee consisting of a CJI or SC Judge; a CJ of HC; a distinguished Jurist to investigate into the charges of misbehaviour or incapacity. +
indiacode.nic.in
If admitted, then Speaker of Vice-President will constitute a Committee consisting of a CJI or SC Judge; a CJ of HC; a distinguished Jurist to investigate into the charges of misbehaviour or incapacity. +
indiacode.nic.in
3. If Committee after investigation finds charges not proved, then matter ends there.
If it finds charges proved, then the Report of the Committee is discussed first in the House that constituted the Committee.+
If it finds charges proved, then the Report of the Committee is discussed first in the House that constituted the Committee.+
4.If that House approves Report of Committee & adopts motion to address President by majority of total membership of that House & by a majority of not less than 2/3rd members of that House present & voting then it is sent to other House.
If not passed, then matter ends there.+
If not passed, then matter ends there.+
5. Thereafter, the other House has to approve the motion to address to President so received, by majority of total membership of that House & by a majority of not less than 2/3rd members of that House present & voting.
If it is not, then the matter ends there. +
If it is not, then the matter ends there. +
6. The address thus approved by both Houses of Parliament is then transmitted to the President for issuing a Warrant of Removal of the Judge.
President may return the address to Parliament for reconsideration or clarification. In which case, whole process has to be repeated. +
President may return the address to Parliament for reconsideration or clarification. In which case, whole process has to be repeated. +
7. Thus it is next to impossible to impeach an HC or SC Judge without the Central Govt wanting to do it which is a rarity.
Procedure of impeachment for removal of HC Judge is same as that for SC Judge.
In the past there were two unsuccessful attempts (as I recollect).
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Procedure of impeachment for removal of HC Judge is same as that for SC Judge.
In the past there were two unsuccessful attempts (as I recollect).
//END//
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