Who can remove a judge in India?

How are judges removed in India?

A Judge of the Supreme Court cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in ...

How can a judge in India be removed from his office?

The constitution provides that a judge can be removed only by an order of the president, based on a motion passed by both houses of parliament. The procedure for removal of judges is elaborated in the Judges Inquiry Act, 1968.

Can you sue a judge in India?

No Judge, Magistrate, Justice of the Peace, Collector or other person acting judicially shall be liable to be sued in any Civil Court for any act done or ordered to be done by him in the discharge of his judicial duty, whether or not within the limits of his jurisdiction: Provided that he at the time, in good faith, ...

What is misconduct of judges in India?

Actions that can be classified as judicial misconduct include: conduct prejudicial to the effective and expeditious administration of the business of the courts (as an extreme example: "falsification of facts" at summary judgment); using the judge's office to obtain special treatment for friends or relatives; accepting ...

Can I write directly to a judge in India?

One can write a letter to the Judge who is heading his/her case. But the letter must strictly stick to the point of writing the letter, also it must not indicate a thing which is not legally permissible.…

Has a judge ever been impeached in India?

Soumitra Sen J of the Calcutta High Court resigned in 2011 after the Rajya Sabha passed an impeachment motion against him. He was the first judge to have been impeached by the Upper House for misconduct.

Who can overrule the Supreme Court India?

Parliament has powers to undo the effect of a judgement of the Court by a legislative act. However, the law cannot simply be contradictory to the Supreme Court judgement, it must address the underlying reasoning of the Court. This means that a law can be passed removing the basis of the judgment.

Who Cannot be removed by impeachment in India?

Comptroller and Auditor General of India.

Who has more power over a judge?

However, this article is going to let you in on a little-known secret: in the vast majority of cases, the prosecutor has more power over the outcome of a criminal case that the judge.

Can the president dismiss judges?

Federal judges can only be removed through impeachment by the House of Representatives and conviction in the Senate. Judges and justices serve no fixed term — they serve until their death, retirement, or conviction by the Senate.

Who has power over the judges?

Article III, Section I states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." Although the Constitution establishes the Supreme Court, it permits Congress to decide how to organize it.

Can you criticize a judge in India?

The Supreme Court judgement

In its judgement today, the Supreme Court said that a citizen has the right to freedom of speech and expression under Article 19(1) of our Constitution. So, a citizen is allowed to make a fair criticism of a judge, judiciary and its functioning.

What are judges not allowed to do in India?

(7) A Judge shall not hear and decide a matter in which a member of his family, a close relation or a friend is concerned. (8) A Judge shall not enter into a public debate or express his views in public on political matters or on matters that are pending or are likely to arise for judicial determination.

How do you deal with a corrupt judge?

Can judges be held personally liable?

Though judges have immunity from lawsuit, in constitutional democracies judicial misconduct or bad personal behaviour is not completely protected - total impunity is in fact considered contrary to the rule of law.

Can a judge be suspended in India?

The Constitution provides that a judge can be removed only by an order of the President, based on a motion passed by both Houses of Parliament. The procedure for removal of judges is elaborated in the Judges Inquiry Act, 1968.

What is the only way a judge can be removed?

Only Congress has the authority to remove an Article III judge. This is done through a vote of impeachment by the House and a trial and conviction by the Senate. As of September 2017, only 15 federal judges have been impeached, and only eight have been convicted.

What are the three methods for removing a judge from office?

What is the hierarchy of judges in India?

The Indian judiciary is a hierarchical system, with various levels of judges presiding over different types of cases. The hierarchy of judges in India can be broadly categorized into four levels: district judges, high court judges, Supreme Court judges, and the Chief Justice of India.