Who among the following has the power to remove the judges of the High Court, from his office when each house of the parliament passed a resolution?

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UP Police SI (दरोगा) Official PYP (Held On: 27 Nov 2021 Shift 3)
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  1. Prime Minister of India
  2. Governor of the concerned state
  3. President of India
  4. Union Ministry of Home Affairs

Answer (Detailed Solution Below)

Option 3 : President of India
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UP Police SI (दरोगा) Official PYP (Held On: 2 Dec 2021 Shift 1)
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The correct answer is President of India.

Key Points

  • The President of India has the authority to remove a judge of the High Court under Article 217(1)(b) and Article 124(4) of the Constitution of India.
  • Removal can only occur through a process called impeachment, which requires a resolution passed by both houses of Parliament.
  • The impeachment process involves proving grounds of misbehavior or incapacity through an inquiry conducted by a committee.
  • A special majority vote is required in both the Lok Sabha and the Rajya Sabha to pass the resolution for removal.
  • Once the resolution is passed, the President acts on the recommendation of Parliament to remove the judge from office.

Additional Information

  • Article 124(4) of the Indian Constitution: Specifies the procedure for the removal of judges of the Supreme Court, which is also applicable to High Court judges.
  • Grounds for Removal: Judges can only be removed on proven charges of "misbehavior" or "incapacity."
  • Impeachment Process: The process begins with a motion signed by at least 100 Lok Sabha members or 50 Rajya Sabha members, followed by an inquiry conducted by a three-member committee.
  • Special Majority: Requires a two-thirds majority of members present and voting in both houses of Parliament for the resolution to pass.
  • Checks and Balances: The procedure ensures independence of the judiciary by making removal difficult and subject to rigorous scrutiny.
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