Syllabus:
GS2: Structure, organization and functioning of the Executive and the Judiciary Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.
Context: Recently, the Lok Sabha Speaker constituted a three-member inquiry committee to probe the charges against Justice Yashwant Varma in cash row.
More on the News
• Justice Varma was repatriated from the Delhi High Court to the Allahabad High Court after burnt wads of currency notes were found at his official residence on March 14. Subsequently, an in-house inquiry of the Supreme Court indicted Justice Varma.
• The proposal was made and a three-member committee was constituted for the removal of Justice Varma from his post in accordance with Section 3(2) of the Judges (Inquiry) Act 1968.
Removal of Judges
• The Constitution lays out a deliberately stringent framework for the removal of judges, aiming to ensure judicial accountability while guarding against politically driven removals.
• Articles 124(4) and 217 of the Constitution provide that a judge of the Supreme Court and High Court shall be removed by the President, on the grounds of ‘proved misbehaviour’ or ‘incapacity.’
• The Constitution does not define the terms ‘proved misbehaviour’ or ‘incapacity.’
• The Supreme Court has opined in various cases that wilful misconduct in office, corruption, lack of integrity or any other offence involving moral turpitude would constitute misbehaviour.
- Incapacity here means a medical condition that may include physical or mental incapacity.
Judges Inquiry Act 1968
It provides the detailed procedure relating to the removal of a judge of the Supreme Court or High Court through the process of removal:
• A removal motion should be signed by not less than 100 members in the case of Lok Sabha or 50 members in the case of Rajya Sabha.
• The Speaker/Chairman may admit the motion or refuse to admit it.
• If it is admitted, then the Speaker/ Chairman shall constitute a three-member committee to investigate into the charges.
• The committee should consist of
- The Chief Justice of India or a judge of the Supreme Court
- A Chief Justice of a High Court.
- A distinguished jurist, in the opinion of Speaker/Chairman.
• Charges and their grounds of investigation on which they are based shall be communicated to the Judge, who will be given reasonable time by the Committee to submit a written defence.
• If the committee finds the judge guilty of misbehaviour or suffering from an incapacity, the report is submitted to both the houses who can take up the consideration of the motion.
• After the motion is passed by each House of Parliament by special majority, an address praying for the removal of the Judge shall be presented to the President by each House of Parliament.
• Finally, the President of India passes an order removing the judge.
Sources:
https://ddnews.gov.in/en/om-birla-constitutes-panel-to-probe-justice-yashwant-varma-in-cash-row