Process of Removal/Impeachment of Judge| EXPLAINED |ART 124(4)(5),ART 217(3),JUDGES INQUIRY ACT 1968
Автор: Hill Aspirant
Загружено: 2024-11-16
Просмотров: 13
Описание:
Judge of Supreme court including CJI can serve his office till he attains the age of 65.
They can leave the office after writing to President.
SC'judges can be removed only by President of India after addressed by parliament with support of special majority.
Acc.to Article 124 (4) says → Judge of SC cannot be removed from his office except by only for an order of PRESIDENT after
addressed by parliament with the special majority (of totalmemberhip of the house + Majority not hem than 2/35d of member peasant and rating.)
Now, another constitutional provision i.e.,
Article 124(5) says that ↳ parliament may by law regulates the procedures for the presentation of address and investigation of The proof of misbehaviour or incapacity.
Judges Inquiry Act( 1968) regulates the procedure for The removal of Judges by SC by the process of impeachment.
_ Removal motion should by signed by 100 members of LS
and 50 members of RS. Presented before Speaker/ Chairman
Sp./ Ch. many refuse/ admit the motion.
If admitted then, Sp./ Ch. constitutes a committee of 3member.
If committee finds judge guilty of misbehaviour or incapacity, house can consider the motion.
After the motion is passed by special majority,
address is presented to
PRESIDENT
Finally, The PRESIDENT passen on
order for the removal of judge.
This impeachment is a term used in constitution of
India, fas tne removal of judge.
Ever since, India gained independence no judges has lee impeached.
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