The Indian EXPRESS :
A member of the higher judiciary, which means the Judges and Chief Justices of the Supreme Court of India and the state High Courts, can be removed from service only through the process of impeachment under Article 124 (4) of the Constitution on grounds of proven misbehaviour or incapacity. In India, there is no other process by which a Judge can be removed from office before his term comes to an end. However, the process is very cumbersome.
As per the Judges Inquiry Act, 1968, a complaint against a Judge has to be made through a resolution either by 100 members of the Lok Sabha or 50 Rajya Sabha members. After the MPs submit a duly signed motion to this effect to their respective presiding officers – Chairman of the Rajya Sabha or Speaker of the Lok Sabha – the presiding officer constitutes a three-member committee comprising two Judges – one from the Supreme Court and one Chief Justice of a High Court if the complaint is against a HC Judge; and two Supreme Court Judges if the complaint is against a sitting Judge of the apex court – and a jurist to probe the complaint and determine if it is a case fit for initiating the process of impeachment.
This team can involve any independent agency, either from the government or the private sector, to investigate the charges, before making a recommendation to the House. Thereafter, if the committee has concluded that impeachment proceedings be launched, the matter is debated in both Houses of Parliament. The Judge who is facing impeachment is also given the opportunity to rebut the charges, either in person or through his representative. However, the entire process – debate onwards – has to be completed within a single session of the House, failing which the motion is deemed dropped and can only be taken up if the entire process is repeated afresh in any subsequent session.
Our SC Correspondent adds:
In Bangladesh under the present system of trying judges
of the Supreme Court by the Supreme Judicial Council, the enquiry into allegations sent by the President is made by the Supreme Court judges. Besides, in India the two Houses namely Lok Sabha and Rajya Sabha have to pass the impeachment resolution separately.
But in our country the government now wants to empower the present One House unelected Parliament to impeach the judges of the Supreme Court. The government feels the urgency as advised by vested interest group to take the power of impeachment of the Supreme Court judges without knowing that it is the Supreme Court under the existing Constitution that can declare any law passed by the Parliament as unconstitutional.
