Question
Download Solution PDFWho 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?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe 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.
Last updated on Jul 4, 2025
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