Impeachment of judges or removal of judges
Manjeet kumar sahu
(Querist) 02 September 2011
This query is : Resolved
While continuously following the news of Justice Soumitra Sen,it was noticed that everybody was talking about the impeachment o f the Judge but as per the constitution of india.Judges can be removed and not impeached.
What is the basic difference between the Impeachment and Removal?President removal is categorised as impeachment but this is not the case with the removal of Judges.Please through some light upon this situation.Why cannot we use the term impeachment of judges?
ashok kumar singh
(Expert) 02 September 2011
removal of Judges by the President is a vested power of president, who seeks the impeachment procedure before the House and accordingly impeachment has been carried out by House of the Country and resulting which REMOVAL of Judge came out. thanks.
Advocate. Arunagiri
(Expert) 02 September 2011
Step 1. Impeachment by the Parliament.
Step 2. Removal by the President.
Step 1 is the mandatory procedure for the Step 2.
prabhakar singh
(Expert) 02 September 2011
I agree with experts,specially with Expert : Advocate. Arunagiri who has put things in crystal clear way.
R.Ramachandran
(Expert) 02 September 2011
Removal of a judge can be on several grounds. For instance, if a Judge is unable to discharge his duties owing to any physical or mental incapacity, he can be removed after obtaining the Medical Examination of the Judge by a Medical Board and following the due procedure of obtaining the sanction of the motion by the both the houses of parliament.
The above will be a simple case of removal.
However, if a Judge is to be removed on the allegation of misbehaviour etc., then following the established procedure and given an opportunity to the judge concerned, if the parliament's both houses passes a motion for his removal, then such removal is nothing but impeachment. The meaning of the term "impeachment" is "to question the honesty of a person" to "discredit" etc.
Therefore while the President will remove the Judge on the recommendation of the Parliament, if that removal is on account of any allegation of misbehaviour against the judge, then it is "impeachment".
By the by, I do not know whether I am "answering" or "replying" to your query!
prabhakar singh
(Expert) 02 September 2011
"INCAPACITY " IS incapacity where after one looses recognition of judicial personality and can be attributed to any one..
Ravikant Soni
(Expert) 02 September 2011
Ramachandran sir,
Your post whether answerd or replied is significant for us.
Advocate. Arunagiri
(Expert) 02 September 2011
By what ever name it is called, Mr.RR is sharing his knowledge.
