aupmanyav
Veteran Member
- Joined
- Jan 21, 2006
- Messages
- 1,635
- Location
- New Delhi, India
- Basic Beliefs
- atheist, Science, Advaita, Hindu
Procedure for impeachment of a judge in India:
Initiation of Motion:
A motion for impeachment must be signed by at least:
50 members of the Rajya Sabha (Upper House) - Out of 245
100 members of the Lok Sabha (Lower House) - Out of 543
Constitution of Inquiry Committee:
Upon admission of the motion, the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha forms an inquiry committee.
This committee consists of:
One Supreme Court judge
One Chief Justice of a High Court
One eminent jurist
Investigation:
The committee investigates the allegations of "proved misbehaviour or incapacity."
The judge in question has the right to respond to the charges and examine witnesses.
Committee Report:
After the investigation, the committee submits its findings to the Parliament.
If the committee finds the judge guilty, the motion proceeds to the next step.
Parliamentary Debate and Voting:
The motion is debated in the House where it was initiated.
The motion must receive:
A two-thirds majority of those present and voting
Majority support of the total membership of that House
Proceedings in the Other House:
If passed, the motion is then sent to the other House (Rajya Sabha or Lok Sabha) for a similar process of debate and voting.
Presidential Address:
If both Houses approve the motion, an address is sent to the President of India for the removal of the judge.
Key Points to Remember:
The impeachment process is governed by Articles 124(4), (5), 217, and 218 of the Constitution of India, along with the Judges (Inquiry) Act, 1968.
The grounds for impeachment must be clearly established as "proved misbehaviour or incapacity."
The process is designed to maintain the independence of the judiciary while ensuring accountability.
Initiation of Motion:
A motion for impeachment must be signed by at least:
50 members of the Rajya Sabha (Upper House) - Out of 245
100 members of the Lok Sabha (Lower House) - Out of 543
Constitution of Inquiry Committee:
Upon admission of the motion, the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha forms an inquiry committee.
This committee consists of:
One Supreme Court judge
One Chief Justice of a High Court
One eminent jurist
Investigation:
The committee investigates the allegations of "proved misbehaviour or incapacity."
The judge in question has the right to respond to the charges and examine witnesses.
Committee Report:
After the investigation, the committee submits its findings to the Parliament.
If the committee finds the judge guilty, the motion proceeds to the next step.
Parliamentary Debate and Voting:
The motion is debated in the House where it was initiated.
The motion must receive:
A two-thirds majority of those present and voting
Majority support of the total membership of that House
Proceedings in the Other House:
If passed, the motion is then sent to the other House (Rajya Sabha or Lok Sabha) for a similar process of debate and voting.
Presidential Address:
If both Houses approve the motion, an address is sent to the President of India for the removal of the judge.
Key Points to Remember:
The impeachment process is governed by Articles 124(4), (5), 217, and 218 of the Constitution of India, along with the Judges (Inquiry) Act, 1968.
The grounds for impeachment must be clearly established as "proved misbehaviour or incapacity."
The process is designed to maintain the independence of the judiciary while ensuring accountability.
) is such a deterrence too.