Process of Removal of High Court Judges

• The removal of a High Court Judge is governed by the Constitution of India, specifically under Article 124(4) and Article 217 (which applies to High Court judges).
• The process is as follows:
  • Grounds for Removal: A judge can be removed only on the grounds of:
    • Proven misbehavior.
    • Incapacity.
  • Initiation of Motion: The process begins with a motion for removal being introduced in either the Lok Sabha or the Rajya Sabha. This motion must be signed by:
    • At least 100 members in the Lok Sabha, or
    • At least 50 members in the Rajya Sabha.
  • Speaker/Chairperson Decision: Once the motion is submitted, the Speaker of the Lok Sabha or the Chairperson of the Rajya Sabha decides whether to admit the motion.
  • Formation of an Inquiry Committee: If admitted, an inquiry committee is formed. The committee comprises:
    • A Supreme Court Judge.
    • A High Court Chief Justice.
    • An eminent jurist.
  • Inquiry Process: The committee investigates the charges against the judge. The judge is given an opportunity to defend themselves. Based on the findings, the committee submits its report to the Speaker or Chairperson.
  • Parliamentary Vote: If the committee finds the judge guilty, the motion for removal is taken up in Parliament. The motion must be passed by:
    • A special majority in both Houses of Parliament (a majority of the total membership of the House and a majority of at least two-thirds of the members present and voting).
  • President's Order: If both Houses pass the motion, it is sent to the President of India. The President issues an order for the removal of the judge.