REMOVAL OF THE JUDGES

A judge is a professional who, either alone or as a member of a judging panel, preside over court proceedings. A judge reviews all of the testimony of any other evidence provided by the case’s barristers or solicitors evaluates the parties’ character and reasoning, and then renders a decision on the basis of their understanding of the constitution and personal judgment. A judge is supposed to handle the trial fairly and in front of an audience.

Varied jurisdictions have different authorities, roles, methods of appointment, punishment, and training for judges. The judge’s authority may well be divided with such a jury in various countries.

In inquisitorial criminal inquiry regimes, a judge may also serve as an inspecting magistrate. The judge in the case oversees the legality and orderliness of all criminal trials.

FUNCTIONS OF A JUDGE 

A judge’s ultimate role is to resolve a legal disagreement in a definitive and generally lawful manner, with serious partialities in mind. Judges have tremendous governmental authority. They have the authority to order inspections, prosecutions, imprisonments, garnish wages, detentions, seizures, expulsions, and other similar acts to be carried out by police, military, or judicial personnel. Judges, on the other hand, ensure the trial processes are being followed to maintain uniformity, fairness, and minimize arbitrary nature. Higher courts, including such appellate courts & supreme courts, keep judges’ powers under check.

In lesser cases, courts may operate alone, but then in criminal, divorce, as well as other big matters, they operate as part of a panel. This committee could include lay judges in various legal systems. Lay justices, unlike experienced experts, are not legally trained; however, unlike juries, lay judges are typically volunteer and might even be chosen by the government. In legal cases, judges are frequently aided by law clerks, referees, and notaries, as well as bailiffs or other security personnel.

JUDGE AS AN OCCUPATION 

Judges have to be able to investigate and process large amounts of documents, witness testimony, and other particular instance material, as well as comprehend complex cases and have a comprehensive understanding of the law and legal formalities, all of which necessitate high computational reasoning, assessment, and decision-making skills. Considering the certainty and significance of the documents written, excellent writing abilities are also required. Judges interact with people all of the time, thus excellent resolving conflict and interpersonal skills are required. Judges are of excellent moral character, which means they must not have a criminal record. Professional judges often receive a high compensation; in the United States, judges earn a median pay of $101,690 per year, while federal judges earn  $208,000–$267,000 annually.

REMOVAL OF JUDGES 

The President of India could only dismiss a judge from the High Court if every parliament approves a motion demanding that the judge be removed by a two-thirds majority of the total membership majority of votes in each house.

Justices “must maintain their Offices throughout good Behavior,” according to the Constitution. That implies that now the Supreme court judges can stay in office for as long as they like and should only be removed through impeachment.The “Process of impeaching” is used to dismiss a judge from the High courts and The Supreme Court. Only once a message from Parliament has indeed been given to the president in the same session that’s the President authorized to expel the judges of his position.

A judge can be kicked out of office through  a motion based on “proven inappropriate behavior or incompetence.” Whereas the term “impeachment” is not used in the Constitution, it is often used to refer to the processes under Articles 124 (for the dismissal of thea Supreme Court justice) & Article 218 (for the removal of a High Court judge).

A judge can only be dismissed by an executive order predicated on the a petition passed by the House of Government, according to the Article. The Judicial Inquiry Act of 1968 lays forth the mechanism for removing judges.

CONCLUSION 

The Investigation Committee will present its conclusions in a detailed statement to the Speakers or Chairperson when it has completed its inquiry. If the investigation uncovers misconduct or incompetence on the part of the judge, the petition for removal must be voted on both in Lok Sabha and the Rajya Sabha. According to Article 124(4) of a Charter, the motion must be approved by each house by A large percentage of the House’s number of members, not less than  two-thirds of members present and participating.

The resolution will be transmitted to the other chamber if it is accepted by such a majority inside one house.