Removal of Supreme Court Judges

The firm brick of integrity and diversity in our country was laid on the date of 26th January 1950. With the longest constitution of the world coming into force the country made sure that all its values remain intact and the line ‘no one above the law’, holds these values intact. The aforesaid lines bring a sense of equality among the citizens of India and ensure that be it a Judge of Supreme Court or the Junior Assistant working in a private firm, the law remains equal to everyone. In this article, the detailed procedure of the removal of the judges of the Supreme Court of India is being explained.

‘Impeachment’ is the term used in the Constitution of India for the removal of the judges. Ever since the country has gained independence, no judge of the Supreme Court of India is ever been impeached. Justice V Ramaswamy was the first judge of the Supreme Court to face the motion of impeachment. A committee was to inquire about the same and later the judge was found to be guilty. But, the motion was defeated in the lower house of the Parliament, The Lok Sabha.

Process of Removal of Supreme Court Judges in India

The Supreme Court of India’s establishment has been mentioned in Article 124 of the Indian Constitution. And, the removal or impeachment of the judges of the Supreme Court of India is focused upon in Article 124 (4) and in the Judges (Inquiry) Act 1968.

Notice of Motion

Removal of Supreme Court Judge of India is being done by passing notice of motion in either house of the Parliament. For the notice to get passed in the lower house of the Parliament, that is, the Lok Sabha submission of declaration to the speaker with the sign of at least 100 members of the lower house is required. To get the notice passed in the upper house, Rajya Sabha, signed notice of 50 members of the upper house is the minimum requirement.

Inquiry Committee

As per Article 3(2) of the Judges (Inquiry) Act 1968, the Speaker of Lok Sabha or the Chairman of the Rajya Sabha will form a committee to investigate the complaint. A Supreme Court Judge, a High Court CJ and a distinguished jurist as per the opinion of the Lok Sabha speaker or the Rajya Sabha Chairman are the members consisting in the committee of inquiry.

In case the notices have been admitted by both the houses of the Parliament, then the Inquiry Committee will be formed by the Speaker and Chairman of the Lower house and Upper house of the Parliament respectively.

Submission of the Report

Post the formation of the Committee, the inquiry will be done by the committee and the report will be submitted to the Chairman of the Upper House or the Speaker of the Lower House of the Parliament. If the report denotes the judge being guilty, then the motion of removal will be put to vote in both the Houses of the Parliament. Article 124(2) demands two conditioned to be sanctioned for the motion to be passed, (i) A majority of the total strength of the House, (ii) A majority should be more than two-thirds of the members who are present as well as voting.

Order by the President

After the stance is being passed in the houses of the Parliament as per Article 124(4), the order will be placed to the President. Later, the President will order the removal of the Judge of the Supreme Court.

Experiences in the recent past regarding the removal of the Judge of the Supreme Court of India. 

In recent years, in 2018, 71 MPs of the Rajya Sabha signed the impeachment motion against Dipak Mishra, the then Chief Justice of India alleging him of five charges. The statement also stated that the CJI is allocating cases to his sibling judges as “master of roster”. But the motion was rejected by the Chairman and the Vice-President of India by stating that there exists no misbehaviour on the part of the judge after consulting with Senior Parliamentarians, Constitutional experts and the Legal experts. 

Conclusion

The debates of the Constitution Assembly show that a judge is expected to vacate his office when the charges are framed against him, until he is being given the clean chit.