Chahal's Gyan Ki Baat
SUPREME COURT JUDGE REMOVAL
WHAT IS JUDICIAL SYSTEM OF INDIA?
- The Judiciary system of India is law and rules stated for the welfare of citizens.
- It is responsible to ensure and re-enforce law and order.
- The court has the power to make decisions and also enforce the law, solve disputes.
- Judiciary system consists of Judges and other magistrates.
COMPONENTS OF JUDICIAL SYSTEM OF INDIA
- The Indian constitution is the source of law in India and also the supreme law of India.
- Judicial System of India consists of
- Supreme Court
- High Court
- District Court
- Subordinate Court
ARTICLES RELATED TO JUDICIARY
- Supreme Court: Article 124 to 147
- High Court: Article 214 to 231
- Subordinate Courts: Article 233 to 237
WHAT ARE THE REASONS FOR THE REMOVAL SC JUDGES?
- Incapability
- Misbehaviour
REMOVAL PROCESS: JUDGES ENQUIRY ACT, 1968
- Removal Resolution: Either in Lok Sabha or Rajya Sabha.
- Lok Sabha: 100 members
- Rajya Sabha: 50 members
- After this, resolution is forwarded to Speaker or Chairman.
- He has the option to accept or reject it.
- If accepted: 3 members Committee will be formed, including:
- Chief Justice of India
- Chief Justice of any High Court
- Special Jurist.
- The committee prepares the report: Guilty or Not Guilty.
- If not Guilty: The removal process is dropped.
- If Guilty: Report is sent to the Parliament for voting.
- Parliament Voting
- Majority of total membership of the house.
- Majority of not less than 2/3rd members present & voting
- If done, the President signs the resolution & SC judge is being removed.
- Note: The same process is followed to remove High Court judges, Election Commissioner & Comptroller and Auditor General