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 serviceï¿½only 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 isï¿½taken 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
- Judges undergo aï¿½political 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 ï¿½misbehaviourï¿½ or ï¿½incapacityï¿½ have neither been defined nor clarified in the Constitution
- The processï¿½of removing a judge isï¿½too elaborate and somewhat cumbersome
- Impeachment process isï¿½neither 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.