What is the procedure of impeachment of judges?

What is the procedure of impeachment of judges?

Removal proceedings against a Supreme Court or a High Court judge can be initiated in any of the houses of Parliament. For this: A minimum of 100 members of Lok Sabha may give a signed notice to the speaker, or. A minimum of 50 members of Rajya Sabha may give a signed notice to the Chairman.

Is any Supreme Court judge impeached in India?

Veeraswami Ramaswami was a judge of the Supreme Court of India and the first judge against whom removal proceedings were initiated in independent India. Another judge to face removal proceedings is Soumitra Sen of Calcutta High Court, proceedings against whom were initiated in Rajya Sabha on 17 August 2011.

Can a Supreme Court judge be terminated?

The Constitution states that Justices “shall hold their Offices during good Behaviour.” This means that the Justices hold office as long as they choose and can only be removed from office by impeachment.

What is the notice period for impeachment of Supreme Court judge?

# A notice must be given at least 14 days before form the date of moved motion. # And such resolution must be passed by the two-third of total membership of both the House. So it is quite clear that Judges of Supreme Court and High Court cannot be Impeached only the President of Indian can Impeached.

Who can be removed by impeachment?

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Can judge be impeached?

As of December 2019, there have been 66 federal judges or Supreme Court Justices investigated for impeachment. If a majority of the members of the United States House of Representatives vote to impeach, the impeachment is referred to the United States Senate for trial.

Which is the last high court in India?

There are 25 High Courts in India. The Calcutta High Court, established in 1862, is the oldest High Court in India. The Bombay and Madras High Courts were also established in the same year. The newest High Courts are the Telangana Court and Andhra Pradesh High Court, both established in the year 2019.

Who all can be impeached in India?

Impeachment in India The President may be removed before his tenure through impeachment for violating the Constitution of India by the Parliament of India. The process may begin in either of the two houses of the Parliament. A House starts by levelling charges against the President.

Is impeachment only for the president in India?

The president may also be removed before the expiry of the term through impeachment for violating the Constitution of India by the Parliament of India. The process may start in either of the two houses of the parliament. No president has faced impeachment proceedings so the above provisions have never been used.

How is the process of impeachment of a judge initiated?

Under the said act, the process is initiated with presentation of a motion of impeachment by at least 50 members of the Rajya Sabha or 100 from the Lok Sabha. After that, the Speaker or Chairman as the case may be, on the basis of the allegations framed, forms a three-member bench to look into the same.

Can a High Court judge be impeached in India?

Than an inquiry committee of three members are made out of which two are judges – one from supreme court and second one are the chief justice of high court and if the complaint are against the high court judge than the two judges are form supreme court. If the motion is passed than the formal announcement is done by the president of India.

Which is the only way to remove a Supreme Court judge in India?

Under the Indian Constitution, impeachment is the only way of removing a High Court or Supreme Court Judge. The Procedure laid down in the Judges Inquiry Act’1968. According to the Judges Inquiry Act, A motion for a removal is brought by not less than 100 members (MP’s) of the Lok-Sabha or 50 Members (MP’s) of Rajya-Sabha.

How many members of Lok Sabha are needed to impeach a judge?

According to the Judges Inquiry Act, A motion for a removal is brought by not less than 100 members (MP’s) of the Lok-Sabha or 50 Members (MP’s) of Rajya-Sabha.