4th June 2025 (13 Topics)
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Impeachment of High Court Judge
Context
The Union Government plans to initiate an impeachment motion against Justice Yashwant Varma of the Allahabad High Court, following a committee indictment over unaccounted cash found at his Delhi residence. The Chief Justice of India has formally recommended his removal after he refused to resign.
Constitutional Provisions:
- Article 217(1)(b) read with Article 124(4):
- High Court judges can be removed only by impeachment, on the grounds of proved misbehaviour or incapacity.
- Procedure is identical to that of Supreme Court judges.
- Judges (Inquiry) Act, 1968:
- Provides the detailed statutory framework for impeachment, including:
- Formation of an inquiry committee.
- Procedure for investigation.
- Report submission before initiating impeachment.
- Initiation Process:
- Requires 100 Lok Sabha MPs or 50 Rajya Sabha MPs to sign a notice.
- After admission, an inquiry committee is set up.
- If the committee finds the judge guilty, the motion is debated and voted upon in both Houses.
- A special majority is required (majority of total membership and 2/3rd of members present and voting in both Houses).
- Article 124(5):
- Allows Parliament to make laws to regulate the procedure for investigation and proof of misbehaviour or incapacity.
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