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Impeachment of : Judge

By : lavika gupta on 22 August 2011 Report Abuse Print Print this
 



In India, two judges were removed from their respected office by the impeachment process by parliament of India. Before moving further we have to know about the meaning of impeachment and its procedure.

 

Meaning of impeachment : The word “impeachment” was derived from the Latin word which mean caught or entrapped and has analogues in the modern French verb impeacher(to prevent) and the modern English impede.

 

Impeachment is the formal process which is levied on the officials who had done the unlawful activities and the outcome of which affect the depending countries and by this that person had removed from the office and other punishment also given to the

 

According to article 124(4) of the Indian constitution: A member of higher judiciary which is the chief justice of India and the state high courts can be removed from the service through the process of impeachment on the ground of proven misbehaviour .In India, there is no other process by a judge can be removed from the office before his or her term comes to an end.

 

PROCEDUER OF IMPEACHMENT : As per the judge’s inquiry act 1986, the impeachment of judges can be done on grounds of “proven Misbehaviour” and “incapacity”, if the judge of India is to be Impeached than the recommendation have to be made by the chief Justice of India to the president of India. If it is accepted than the Proposal of impeachment must be introduced by 100 mps in Lok Sabha or 50 mps in Rajya Sabha. The copy of the proposal is given to the Concerned judge before the proceeding starts in the parliament of India. The motion is passed by the two-third majority members present and Voting must be done separately in the each house of the parliament. 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. 

 

HISTORY OF IMPEACHMENT PROCEEDINGS IN INDIA : The impeachment proceeding is done only in extreme cases, in India the Impeachment proceedings were done on two judges while in united States the house has initiated impeachment proceeding for 64times since 1789.

 

Two judges are:

 

(1)  Justice V. Ramaswami: He was the Punjab and Haryana high court chief justice of in the year 1993 when he was impeached by the Lok Sabha by 196 votes because of his incapacity to do work; the supreme court had charged Justice V. Ramaswami as failed “TO DO COMPLETE JUSTICE”.

 

(2) Justice Soumitra Sen: He was the Calcutta high court chief justice, the chief justice of India K.G Balakrishnam had recommended him for impeachment to the parliament because he had misappropriating Rs. 22.83 lakh .than on 2009 a three members commitee was set up and investigation was started and he was found guilty and finally on 17 August 2011 he was impeached by Rajya Sabha.

      

CONCLUSION:   The impeachment process is levied on the official who is unable to do his or her work properly or who had done the unconstitutional work which harms the country.

 

The impeachment is the process to stop the corruption in the higher level officials and to remove them from their offices because as we had studied we were came to know that by impeachment only the higher level officer is removed from the office.

 

REFERENCE :

(1)  Constitution of India

(2)   Judges inquiry act , 1968

(3)   Indian express newspaper

(4)  www.google.com

(5)  Supreme court journal

 


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8 Comments for this Article



Manisha Sahu

Manisha Sahu

Wrote on 25 April 2013

Please remove or make a correction in this article.....because most of the things are written are not much true. As still no judge of HC or SC is impeached, and the Judge’s Inquiry act came in 1968 not 1986..



 Advocate Sanjeev Kataria

Advocate Sanjeev Kataria

Wrote on 29 August 2011

History of Indian Legal system reveals that none of the Judge has been impeached. Impeachment is a very long/complicated process. The need of the hour is to have a separate Higher Judiciary Accountability Bill to handle the issue of incompetent judge.



Member (Account Deleted)

Member (Account Deleted)

Wrote on 25 August 2011

president of india, vice president, supreme court judge, Highcourt judge, comptroller and auditor general of india are also subjected to impeachment process under constitution of india












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