Removal of the High Court Judge

The Chief Justice of India (CJI), in terms of the In-House Procedure, on May 8 initiated the process for the removal of sitting high court judge, justice Yashwant Varma, by writing to the President of India and the Prime Minister of India stating that the allegations of recovery of cash at the judge’s residence is serious and warrants initiation of proceedings for his removal under the Constitution.

Constitutional Provisions

• Article 124(4):
  • Applies to Supreme Court judges, but also extends to High Court judges via Article 218.
  • A judge can be removed only by the President after an address by both Houses of Parliament.
  • The address must be:
    • Supported by a majority of the total membership of each House.
    • Supported by at least two-thirds of the members present and voting.

Grounds for Removal

• Proven Misbehaviour or Incapacity – as specified in both the Constitution and the Judges (Inquiry) Act, 1968.

Judges Inquiry Act, 1968

• Provides the detailed procedure for investigation and presentation of a removal motion.
• Involves formation of a three-member committee to examine allegations.
• If the committee finds the judge guilty, a motion can be introduced in Parliament