Author: Kavidharani R, a student at Presidency University, Bangalore.
INTRODUCTION:
Since our Constitution has been in operation for the past 70 years, India’s literary elite has often been given to periodic reflection on the seeds that the founders of the document sowed on January 26th, 1950, and the progress we have made since then. The process is known as ‘impeachment’ informally and interestingly. There has never been a single case of impeachment of any Supreme Court justice in India. “Most unfortunately, the first impeachment has come to the defeat at the hands of the Lok Sabha. The first case of a Supreme Court Judge who was charged under an impeachment motion is against Justice P. Ramaswami. The inquiry committee found him guilty, but the motion was defeated in the Lok Sabha. One of the salient features of the Indian Constitution is ‘independent and integrated judiciary.'”. The Constitution provides that a judge can be removed only by an order of the President, based on an order passed by both Houses of Parliament.. Several clauses of Article like 217 (1) (b), 124 (4) and 5 in Indian Constitution also deals with how and by whom the judges are removed. The judiciary is, first of all, an applied body that explains and lays down the laws of the nation, and without a doubt, it is the highest authority of constitutional interpretation.
POWERS OF JUDGES:
The motto of the Indian Judiciary is ‘Yato Dharmastato Jayah’, which means ‘where there is righteousness, there is victory’. Judges are truly described as the keepers of law with enormous powers coming with an extensive amount of responsibility.
A judge is a public figure with the mandate to hear and decide a case before a court of law, and in some instances, to preside over it. He presides over panel selection and advises regarding relevant legal issues in jury trials to the trial. Again, the judge has the mandate to rule on motions brought either at the pre-trial or during the trial stages. Supreme Courts, High Courts, and Subordinate Courts of India are established as competent courts. Their judges enjoy varying degrees of powers. The upper courts are more powerful than the lower ones, and they also establish precedents that the lower courts are supposed to abide by. The court’s major role is in enforcing the law and checking if the government agencies indeed abide by it. Besides, it ensures the supremacy of the law all over the country.
The courts also have the right to settle disputes solely between states and between states and the centre. In criminal cases, the judges are solely responsible for awarding the penalties as to whether the accused is guilty or not of the crime and the quantum of penalty, if any, including jail terms. Not only that, the courts have the right to annul any statute if it goes against the constitution.
GROUNDS OF REMOVAL OF JUDGES:
Article 124(4) of the Constitution contains the provision of the procedure of removal of a Judge of the Supreme Court or of a High Court on the grounds of incapacity or misbehavior. The word “misbehavior” has not been defined by the Constitution, but in common parlance, it indicates ill behaviors such as willful misconduct, corruption, lack of integrity, moral turpitude, etc. It encompasses an act with general evil intent, abuse of constitutional authority, or fails to perform duties with honesty and dedication.
It involves an independent committee review and then parliamentary proceedings to establish the charge of incapacity or misbehavior. At times the misbehavior or the level of incapacity is not high enough to result in removal. At that time either the Bar Association or the Chief Justice of the High Court inquires into the matter and reports to the Chief Justice of India. When the problem is seen to result from mental or physical incapacity, the Inquiry committee orders a full medical examination. This system ensures judicial independence with full accountability, although it is not perfect.
PROCEDURE OF REMOVAL OF JUDGES:
A Subordinate Court Judge can be removed through a written complaint is investigated by the collegium and if found culpable, when the Law Minister of the respective state appended his signature to it, he is removed. Supreme Court and the High Court Judges can only be removed through the Parliament once the President signed it.
The process included in the removal of the Judges of the Supreme Court or High Court is:
1. One hundred or more members of Lok Sabha or fifty or more members of Rajya Sabha may submit a joint notice in writing to the speaker or chairman, who may consult and consider attached reports on relevant facts with notification to decide acceptance or otherwise of notification.
2. The Committee An independent Committee may be composed upon acceptance of the motion chairperson or speaker consisting of the Supreme Court Judge, the High Court Judge, and a senior Jurist as members. This committee, which may inquire into the judge accused, may be referred to as an inquiry committee. The judge shall be supplied with a copy of the charges and given a proper chance to make a statement at the time of cross examining the witnesses. There would not, however be any subsequent step unless the Inquiry Committee realizes the Judge guilty of the charges against him or her.
3. The impartial Committee would then be constituted if the Speaker or Chairperson allows the motion. The said committee would consist the Supreme Court Judge, the High Court Judge and a well-known jurist makeup. This Committee would then be the one to conduct the investigation of the offending Judge and could be referred to as the inquiry committee. The judge should be supplied with a charge-sheet and afforded a full opportunity of being heard during cross-examining the witnesses, subject, however, to the condition that no further action would be taken unless the Inquiry Committee arrives at the finding that the Judge is not innocent of the charges made against him.
4. Thereafter, the President removes the accused Judge.
Steps for Removal Judges
STEP 1: At least 100 members of the Lok Sabha or 50 members of the Rajya Sabha must raise a motion. The speaker/chairman has the power either to admit or not admit the motion raised. And if he does not admit, then further procedure will not be taken further.
STEP 2: If the motion is admitted, then it becomes the Speaker’s responsibility to appoint a three-member Inquiry Committee for investigation against the charged Judge. The Inquiry Committee shall proceed to investigate and, upon determining that a Judge is not to be blamed, no further action shall be taken.
STEP 3: If the Committee holds the Judge guilty then it would submit its report to the concerned House of Parliament. If the House is dissolved then no further action would be taken.
STEP 4: On being passed by one House, and then by both the Houses, the removal is addressed to the President.
STEP 5: The President removes the Judge.
ANALYSIS OF JUDICIARY INQUIRY ACT AND INQUIRY RULES:
An Act to regulate the procedure for the investigation and proof of the misbehavior or incapacity of a judge of the Supreme Court or of a High Court and for the donation of an address by Parliament to the President and for matters connected therewith.
Judges (Inquiry) Act, 1968 consists of laws relating to the procedure of the disquisition, powers of the Inquiry Committee, the report of the Inquiry Committee, and how this report can be addressed by the parliament.
Judges Inquiry Rules, 1969 The Act is supplementary in a sense to the Judges (Inquiry) Act, 1968 as it deals with procedure about removal, investigation, the inquiry committee, etc.
Constitution of an Inquiry Committee:
As per Article 3(2) of the Judges (Inquiry) Act of 1968, an inquiry committee would be formed by the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha following the admission of the motion to begin an investigation into the allegation.
If such notices have been accepted by both Houses of It will consist of the following members:
• A Supreme Court judge,
• A High Court Chief Justice, and
• A distinguished jurist.
Parliament, the Speaker and the Chairman of each house shall work together to constitute the inquiry committee. In this case, the notice that was sent at a later time will be deemed invalid. In the event that these notices are approved by both Houses of Parliament on the same day, the inquiry committee will not be formed.
CONCLUSION :
Judges are renowned for their proficiency in their profession since they mediate disputes and the country depends on them for justice. India has a strict procedure for removing judges, and this is done for a reason—so that the powerful authorities won’t abuse their position to get rid of a judge they don’t like. Although the judiciary in India is integrated and independent, only the Parliament has the authority to remove a judge from office. This is due to the country’s system of checks and balances, which is unquestionably a crucial component in ensuring that no one in the legislative, executive, or judicial branches feels omnipotent about the authority they possess.
