Who has the power to remove judges of the High court before the expiry of their term of office in India?Asked by: Prof. Arnoldo Goyette | Last update: February 19, 2022
Score: 4.4/5 (21 votes)
Article 217(1)(b) of the Constitution: It says that a Judge may be removed from his office by the President in the manner provided in clause (4) of Article 124 for the removal of a Judge of the Supreme Court.
Who has the power to remove the judges of high court?
"The President of India" holds the power to remove a Judge of the High Court, from his office when each house of the parliament passes a resolution by a two third majority of its members present and voting in each house requesting the president to remove the judge.
Who can remove the judges of Supreme Court before the expiry of his/her term?
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 be removed from his position?
A Judge of the Supreme Court (and also the High Court) can be removed from his position by President only on the ground of proved misbehavior or incapacity. The power for investigation and proof of such misbehavior or incapacity is vested in the Parliament.
On what grounds can a Judge of the High Court be removed from office?
A judge of a High Court can be removed by the president on the ground of "proved misbehaviour or incapacity" on an address of each House of Parliament.
Why is it difficult to remove the Judge of a High Court or Supreme Court?
Grounds of Removal
It is not an easy task to remove a Judge from his office, there should be proved incapacity or misbehaviour and proved over here basically means the Judge has been investigated by an impartial Committee first and then presented in the Parliament if said to have fulfilled the two given grounds.
Who can remove Supreme Court justices?
The Constitution states that Justices "shall hold their Offices during good Behaviour." This means that the Justices hold office as long as they choose and can only be removed from office by impeachment.
How can the chief justice of the High Court be removed?
The President of India can remove a Judge of the High Court, from his office only if each house of the parliament passes a resolution by a two third majority of its members present and voting in each house requesting him to remove the judge.
What is the process of removal of judges called?
Impeachment is a term used colloquially for removal of judges. ... Justice V Ramaswami was the first Supreme Court judge against whom an impeachment was initiated and the Inquiry committee found the judge guilty but the motion was defeated in the Lok Sabha.
Who appoints the judges of the High Court?
The judges of a high court are appointed by the President. The chief justice is appointed by the President after consultation with the chief justice of India and the governor of the state concerned.
Can government remove judges?
In New South Wales, section 53 of the Constitution Act 1902 (NSW) provides that a judge can only be removed from office by the Governor on an address from both Houses of Parliament, seeking removal on the ground of proved misbehaviour or incapacity.
Who can remove the Judge of Supreme Court Mcq?
A Judge of the Supreme Court can remain in office till the age of 65 years. On the recommendation of Parliament, he can be removed by the President. A Supreme Court judge can be removed only in the condition of misconduct.
Can judges be removed?
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.
How can a high court judge be removed class 8?
The judges of the High Courts remain in office till the age of 62. They can resign from the post or can be removed by the President of India.
Can the President remove a Supreme Court justice?
To insulate the federal judiciary from political influence, the Constitution specifies that Supreme Court Justices “shall hold their Offices during good Behaviour.” While the Constitution does not define “good Behaviour,” the prevailing interpretation is that Congress cannot remove Supreme Court Justices from office ...
Which branch can impeach and remove federal judges?
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.
How can federal judges be removed from their positions quizlet?
Congress can remove all federal judges and Supreme Court justices through impeachment and removal process.
Which branch can impeach the president and judges?
The Constitution gives the House of Representatives the sole power to impeach an official, and it makes the Senate the sole court for impeachment trials.
Why judges Cannot be removed easily?
A judge can be removed only by an impeachment motion passed separately by two third members of the two houses of parliament.It has never happened in the history of Indian democracy. The judiciary in India is very powerful and it is one of the most powerful judiciary in the world.
What is the procedure for the removal of the judges class 9?
They can be removed only on the basis of an impeachment motion passed by two-thirds majority in both Houses of Parliament separately. So removal of judges cannot be done arbitrarily.
How do you impeach Justice?
If a majority of the members of the United States House of Representatives vote to impeach, the impeachment is referred to the United States Senate for trial. A conviction requires a two-thirds vote in the Senate.
Who appoints the judges of the High Court Mcq?
In India Chief Justice of High Court is appointed by
Article 217 deals with the appointment of judges. According to Article 222, the President may after consultation with the chief justice of India transfer a judge from one High Court to any High Court.
Who appoints the judges of Supreme Court and High Court Mcq?
The correct answer is President. Supreme Court provisions are mentioned in Part V of the constitution under Article 124 to 147. The Judges of the Supreme court are appointed by President. The CJI is appointed by President after consultation with such judges of SC and HC as he deems necessary.
On which ground a High Court judge can be impeached Mcq?
1) Violation of the Constitution. 2) Proved misbehaviour. 3) Incapacity to act as judge.