Context:
Fifty-five Rajya Sabha MPs filed a motion seeking Justice Yadav’s removal.
Relevance: GS 2 (Polity)
Issue:
- Justice Shekhar Kumar Yadav of the Allahabad High Court made communally charged remarks, stating the country should be run by the majority’s wishes.
- His speech violates the Reinstatement of Values of Judicial Life (1997), which mandates judicial impartiality and integrity.
- While the Judges (Inquiry) Bill, 2006 proposed minor penalties for misconduct, it remains unpassed.
- The stringent removal process ensures judicial independence but often delays action, even in cases of proven misconduct.
Procedure for Removal:
- Articles 124 and 217 of the Constitution provide for the removal of Supreme Court or High Court judges on grounds of ‘proved misbehaviour’ or ‘incapacity’.
Removal requires:
- Motion passed in both Houses of Parliament by a special majority (two-thirds of members present and voting, plus a majority of total membership).
- Approval by the President of India.
The Judges (Inquiry) Act, 1968 outlines the process:
1. Notice of Motion: Signed by 50 Rajya Sabha or 100 Lok Sabha members.
2. Admittance: By the Chairman or Speaker.
3. Inquiry Committee: Comprising judges and a jurist investigates.
4. Parliamentary Vote: If the judge is found guilty, the motion proceeds.
The Chairman of the Rajya Sabha is unlikely to admit the motion, while the Supreme Court has sought details of Justice Yadav’s speech, highlighting the need for judges to uphold the dignity of their office.
