With reference to the constitutional framework and statutory provisions governing the removal of a High Court Judge in India, which of the following statements are correct?
- A High Court judge can only be removed from office by an order of the President on the grounds of proved misbehaviour or incapacity, following the same procedure prescribed for a Supreme Court judge.Cevap
- BThe Speaker of the Lok Sabha or the Chairman of the Rajya Sabha is constitutionally mandated to admit any removal motion once the minimum required member signatures are verified.
- Upon admission of a removal motion, the investigation into the charges is conducted by a statutory three-member committee consisting of a Supreme Court judge, a High Court Chief Justice, and a distinguished jurist.Cevap
- DThe President can issue a removal order based directly on a unanimous recommendation from the Collegium headed by the Chief Justice of India without parliamentary address.
Cevap
The correct statements are that a High Court judge is removed following the same procedure and grounds as a Supreme Court judge, and that the statutory investigation upon admission of the removal motion is conducted by a three-member committee comprising a Supreme Court judge, a High Court Chief Justice, and a distinguished jurist.
The removal mechanism for High Court judges is constitutionally anchored in Article 217(1) proviso (b), which mandates identical grounds and procedure as Article 124(4) for Supreme Court judges. Furthermore, the Judges (Inquiry) Act, 1968 prescribes that upon admission of a removal notice, a statutory three-member panel comprising a Supreme Court judge, a High Court Chief Justice, and a distinguished jurist must investigate the charges.
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Constitutional and statutory framework for the removal of higher judiciary judges under Article 124(4), Article 217, and the Judges (Inquiry) Act, 1968.