Impeachment motion against Chief Justice of India

Why in News?

It is the first time a sitting Chief Justice will face an impeachment notice in India’s constitutional history.

 

FACTS FOR PRELIMS

Constitutional Provisions

Article 124 to 147 in Part V of the Constitution deal with the organization , independence , jurisdiction , powers , procedures and so on of the Supreme Court . The Parliament is also authorized to regulate them .

Appointment of Judges

The Judges of the SC are appointed by the President. The CJI is appointed by the President after the consultation with a collegium of four senior most judges of the Supreme Court .The other judges are appointed by the President after consultation with the Chief Justice and such other judges of the  SC and HC as he deems necessarry .

NOTE4STUDENTS- Appointment of CJI

The discretion of the government was curtailed by the SC in the second judges case (1993) in which SC ruled that the Senior most judge of the SC should alone be appointed to the office of CJI .

Removal of Judges

A judge of the SC can be removed by an order of the President .

The President can issue the removal order only after an address by Parliament has been presented to him in the same session for such removal .

The address must be supported by 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 .

The grounds of removal are two-Proved misbehavior and incapacity .

The Judges Enquiry Act (1968)

It regulates the procedure relating to the removal of a judge of the Supreme Court by  the process of impeachment :

i)A removal motion signed by 100 members in case of Lok Sabha and 50 members in case of Rajya Sabha is to be given to the Speaker or Chairman

ii)The Speaker /Chairman may admit the motion or refuse to admit it .

iii)If it is admitted , then a three member committee is constituted to investigate the charges.

iv)The committee should consist of -CJI or judge of the SC , A chief justice of the HC , a distinguished jurist.

v)If the committee finds the Judge to be guilty of misbehavior or suffering from an incapacity , the House can take up the consideration of the motion .

vi)After the motion is passed by each house of Parliament by special majority , and address is presented to the President for removal of the judge.

vii)Finally , the president passes an order removing the judge .

 

Source-The Hindu.