Relevance: Polity – Judicial Accountability (GS-2) • Source: The Indian Express; Judges Inquiry Act, 1968
News and Issue
The DMK is reportedly considering a removal motion in the Lok Sabha against a Madras High Court judge whose directive on lighting a temple lamp was criticised as “judicial indiscipline” and interference in religious practice.
Grounds and Process for Removal of a High Court Judge
Removal of High Court judges is governed by Article 217 read with Article 124(4)—limited strictly to proven misbehaviour or incapacity. Under the Judges Inquiry Act, 1968, the process involves:
Stage | Constitutional / Legal Requirement |
| Initiation | Notice signed by 100 Lok Sabha Members or 50 Rajya Sabha Members |
| Admissibility | Presiding Officer may admit/reject |
| Inquiry | A three-member Committee (a Supreme Court judge, a Chief Justice of a High Court, and a jurist) examines the charges |
| Parliamentary Approval | Special majority: total membership majority + two-thirds present and voting in each House |
| Final Step | Removal order issued by the President |
This high threshold protects judicial independence.
Limitation on Discussion on Conduct of Judges
Article 121 bars Parliament from discussing the conduct of High Court or Supreme Court judges except during an officially admitted removal motion.
This prevents political pressure and maintains institutional autonomy.
Q. With reference to the removal of High Court judges, consider the following statements:
- The grounds for removal are explicitly limited to misbehaviour or incapacity.
- Parliament may discuss a judge’s conduct even without a removal motion if both Houses agree.
- The President can remove a High Court judge only after each House passes a special majority resolution.
Select the correct answer:
A. 1 and 3 only
B. 3 only
C. 1 and 2 only
D. 1, 2 and 3
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