How Judges Are Removed in India? | Constitutional Provision l Process & Procedure | Drishti RAS скачать в хорошем качестве

How Judges Are Removed in India? | Constitutional Provision l Process & Procedure | Drishti RAS

In this insightful video, Dr. Vikas Singh, Expert Faculty at Drishti IAS, explains the process of removing judges from their position under the Indian Constitution, which is crucial for both Prelims and Mains preparation. This detailed discussion covers the constitutional provisions, the role of Parliament, and the Judges Inquiry Act of 1968 that outlines the procedure for the removal of Supreme Court judges and High Court judges. Mr. Singh also compares India’s approach to impeachment with that of other countries, especially the United States, and explains the significance of special majority and investigation procedures. Key Points Covered: Constitutional Provisions for Judges’ Removal: Article 124(4) of the Indian Constitution provides the grounds for removing judges: proved misbehavior and incompetence. Unlike the impeachment of the President, judges are removed not by impeachment, but by following a specific process. Judicial Misconduct and Incompetence: Judges can only be removed if found guilty of misconduct (like corruption or sexual abuse) or incompetence (physical or mental inability to perform their duties). Impeachment is not applicable in the case of judges, as it is only for the President. Process of Removal: The process is governed by the Judges Inquiry Act, 1968, which provides the framework for removing judges from office. The proposal for removal must be introduced in either House of Parliament (Lok Sabha or Rajya Sabha) and requires special majority for approval. Investigation of allegations is conducted by a committee consisting of: Chief Justice of India or a Supreme Court judge A Chief Justice from a High Court A legal expert Role of the Speaker and Chairperson: The Speaker of Lok Sabha or the Chairperson of Rajya Sabha must give permission to introduce the motion, which they can either accept or reject. If the proposal is passed, it is sent to the second house, where it must again pass with a special majority. Judicial Inquiry and Outcome: If the committee finds the allegations true, it submits a report to Parliament. Judges have the right to present their defense before Parliament during the investigation. After approval by both houses, the President orders the removal of the judge. Challenges in the Removal Process: The complexity of the procedure, requiring cooperation from both houses of Parliament, makes it a rare occurrence. Historical context: Justice V. Ramaswamy was the only judge against whom a removal motion was introduced in 1993 but was not passed due to a lack of majority support. Comparative Analysis with Other Countries: The removal process in India differs from the United States, where impeachment can be initiated for various reasons like treason, bribery, or misconduct. In India, only misbehavior or incompetence is grounds for removal. *************************************************************** RAS कोर्सेज़ की जानकारी के लिए दिए गये लिंक्स पर क्लिक करें: RAS GS Foundation Online Course (Prelims + Mains): https://drishti.xyz/RAS-GS-Foundation... RAS Prelims + PSI ऑनलाइन कोर्स (हिंदी माध्यम): https://drishti.xyz/RAS-Prelims-PSI-C... RAS Prelims + PSI Online Course (English Medium): https://drishti.xyz/RAS-Prelims-PSI-c... RAS/RTS Prelims ऑनलाइन कोर्स (हिंदी माध्यम) : https://drishti.xyz/RAS-RTS-Prelims-C... RAS/RTS Prelims Online Course (English medium) : https://drishti.xyz/RAS-RTS-Prelims-C... अधिक जानकारी के लिए कॉल करें 87501 87501 ************************************************************************* 𝐃𝐨𝐰𝐧𝐥𝐨𝐚𝐝 𝐃𝐫𝐢𝐬𝐡𝐭𝐢 𝐋𝐞𝐚𝐫𝐧𝐢𝐧𝐠 𝐀𝐩𝐩 𝐧𝐨𝐰 : IOS: https://drishti.xyz/DLA-IOS Android : https://drishti.xyz/DLA-Android Windows : https://drishti.xyz/DLA-Windows #JudgesRemoval #Constitution #Judiciary #DrishtiRAS #RASExamPreparation #IndianLaw #JudgesInquiryAct #ConstitutionalLaw #RASMainsPreparation #SupremeCourtJudges