The miracle arc of universe is long but it bends towards justice. Discuss the concerns related to the removal of judges in India and ways to reform it.

Published: June 24, 2019

Judges and Chief Justices of the Supreme Court of India and the state High Courts can be removed from service�only through the process of impeachment under Article 124 (4) of the Constitution.
Process of removal:

  • A motion of impeachment addressed to the President is to be signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha
  • The motion is to be investigated by a committee of 3 judges of the Supreme Court and a distinguished jurist
  • If the judge is found guilty of misbehavior, the motion along with the report of the committee is�taken up for consideration in the House where motion was moved
  • The judge is then removed by the majority of total and 2/3 of its members present and voting

Concerns:

  • Judges undergo a�political process of voting which may or may not impeach judges despite a 3-member committee holding the Judge guilty
  • The process of removal harms judicial independence
  • The words �misbehaviour� or �incapacity� have neither been defined nor clarified in the Constitution
  • The process�of removing a judge is�too elaborate and somewhat cumbersome
  • Impeachment process is�neither entirely political nor entirely judicial.

Reforms needed: There is an urgent need to maintain judicial independence .It should be given enough power without political inference.
 

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