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REMOVAL OF JUDGES (Issues In Removal of Judges (Lack of Transparency…
REMOVAL OF JUDGES
Issues In Removal of Judges
Lack of Enforcement
the act has only been invoked 3 times since 1950
No Judge successfully impeached till date
Lack of Transparency
Proceedings are secret
Judge continues to hold the post
No clearance on this by the constitution and the Judges Inquiry act of 1968
Cumbersome Process
Impeachment Process
Tedious
Lengthy
No accountability of Judges
Way Forward
Bringing a new Judicial standards and accountability bill
Judicial Standards and Accountibility Bill 2010
Proposed setting up of
National Judicial Oversight Committee
Complaints Scrutiny Panel
An Investigation Committee
The Judges Inquiry Bill 2006
Proposed
Establishment of National Judicial Council (NJC)
to conduct inquiries of incapacity or misbehaviour by high Court and Supreme Court Judges
Appointment
safeguards to make sure
Only Judges of High Caliber and impeccable integrity are appointed
Greater Internal regulation
National Judicial Oversight Committee
develop procedures to scrutinizing the complaints and investigations
Why In News?
CJI Written to PM
to initiate motion for removal of a judge of Allahabad High Court
Background
Ar. 217 provides
judge of high court may be removed
by the President
manner provided in Ar.124
Ground of Proved misbehaviour or Incapacity
Shall be proved by an impartial Tribunal
composition decided under Judges Inquiry Act 1968
only after a motion is passed
by both houses of Parliament by special majority
same as judge of SC