Mains Answer Writing
Concept Mapping Mentorship- Covering Syllabus Through Themes
- GS & Optional
Explain the process of impeachment of judges in India. How does the procedure balance judicial accountability and the independence of the judiciary?
Category: Polity (GS -II),
Test Date: 11 Dec 2024
Approach:
- Introduction: Briefly introduce the concept of impeachment of judges in India, noting that it is a constitutional process outlined in Article 124(4) and Article 217(1) for Supreme Court and High Court judges, respectively.
- Impeachment Process:
- Grounds for Impeachment: Proved misbehaviour or incapacity
- Initiation: by either the President, the Chief Justice of India (CJI), or the Chief Justice of the concerned High Court
- Motion in Parliament: must be introduced in either House of Parliament, requiring a special majority (two-thirds of members present and voting) to pass.
- Investigation: an inquiry is conducted to establish the validity of the charges, with a committee usually formed to investigate the matter.
- Presidential Action: If the committee finds sufficient evidence for removal, the President can issue an order for removal after the approval of Parliament.
- In-House Procedure: Alternative "in-house" procedure adopted by SC for handling complaints against judges, which allows judges to take voluntary retirement to avoid public scrutiny and impeachment.
- Balancing Accountability and Independence: Judicial Independence; Accountability Mechanisms; Checks and Balances
- Conclude accordingly
Courses
Study
Notes
Home
Resources
More
