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Anjani Singh   22 April 2021

petition for removal of judge of supreme court

I have a doubt suppose X is a judge of the supreme court of India. X has many records of landmark judgements. It is suspected by another judge of supreme court Y( who is a member of lok sabha) that X is friend of the governor of the state Z. And the judgements X gave in a case was because Z had an ulterior motive in it. So Y filed a petition in supreme court to remove X. Is the petition maintainable and whether the judge can be removed in a manner sought by Y..?


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 3 Replies

Advocate Bhartesh goyal (advocate)     22 April 2021

No, such petition is not maintainable.Judge of S.C and H.C can not be terminated/removed by any authority of law or court.S.C and H.C judges can be removed by impeachment motion passed by 2/3 majority of  Pariament else not.

Pradipta Nath (Advocate)     22 April 2021

Impeachment is the only way to remove a Judge. Otherwise in case the Judge himself thinks that the case may have conflict interest or chances to get partial, he/she may recuse himself/herself. In this case you may file a recusal application only!

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     26 April 2021

1. HYPOTHETICAL & infructuous query.

2. Judges are given immunity against all such petitions. 

3. Judges can be removed ONLY by impeachment, as advised by above Experts.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com


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