Process of Removal of High Court Judge

GS 2 – Polity

Constitutional Basis

The removal of a High Court judge in India is governed by Article 217(1)(b) and Article 124(4) read with Article 218 of the Constitution of India.

 Eligibility for Removal:

A judge of a High Court can be removed only on the grounds of:

• Proved misbehaviour or

• Incapacity

Process of Removal (Impeachment Procedure):

The process is similar to the removal of a Supreme Court judge, and is governed by the Judges (Inquiry) Act, 1968 and related rules.

Step-by-Step Procedure:

1. Initiation of Motion:

   • Motion can be introduced in either House of Parliament.

   • Requires signatures of at least:

     • 100 Lok Sabha MPs, or

     • 50 Rajya Sabha MPs

2. Speaker/Chairman Admission:

   • The Speaker (LS) or Chairman (RS) may admit or reject the motion.

3. Judges Inquiry Committee Formation:

   • Upon admission, a three-member committee is formed consisting of:

     • A Supreme Court judge

     • A Chief Justice of a High Court

     • A distinguished jurist

4. Investigation:

   • The Committee investigates and submits a report.

   • If the judge is found guilty of misbehaviour or incapacity, the motion can proceed.

5. Parliamentary Approval:

   • The motion must be passed in both Houses of Parliament by:

     • A majority of total membership

     • Two-thirds of members present and voting

6. Presidential Assent:

   • Once passed by both Houses, it is sent to the President.

   • The President then issues an order for removal.

📝 Note: This is the only way a High Court judge can be removed – there is no other disciplinary mechanism.