Register Online for Graduates MLC. Here is the link: https://ceotserms1.telangana.gov.in/MLC/form18.aspx
, || Justice Gajendra Gadkar shows the way ||
The seekers of justice and the society would lose faith in both. The system of appointment of judges to the higher courts was taken over by the Supreme Court itself and it had evolved the collegium system through its process of judicial reasoning of restoring independence of judiciary. Then, the question is how to remove a judge whose misbehaviour or incapacity is established? Article 124(4) and (5) of the Constitution provides for removal of a Supreme Court judge through the process of impeachment and similar power for removal of high court judge is also available under Article 218.
The removal of a judge involves voting by two-thirds of the members of Parliament present and voting when a motion of impeachment is moved. The only rider is that preceding the motion, the charges made against a judge sought to be impeached should be inquired by a Judges Inquiry Committee of three judges of which one will be a sitting judge of the Supreme Court, the second is the chief justice of a high court and the third will be an eminent jurist nominated by the Lok Sabha Speaker or the Rajya Sabha Chairman. In case the committees report does not establish a prima facie case against the judge, the motion to impeach him will automatically lapse.
ince the adoption of the Constitution 70 years ago, not one case of impeachment of a Supreme Court judge was ever moved before Parliament. At least in five cases, motions were brought against high court judges, but not one of them was taken to the logical end. In the early 60s when complaints were made against Justice Chandra Reddy (A.P. High Court) that he was favouring persons in the Bar, the Supreme Court was at a loss to deal with the situation.
Chief Justice Gajendra Gadkar went to Hyderabad on an unofficial visit. He writes in his biography:-I took the Chief Justice into my confidence I said in fairness, You give me the names of your lawyers and your colleagues whom I should take into my confidence and ask relevant questionsHe supplied me with the list and it was precisely the lawyers and judges named by him in the list that I met. To my disagreeable surprise, not only all the lawyers but even most of the judges supported the complaint
https://www.newindianexpress.com/opinions/2020/oct/22/option-open-for-jagan-to-seek-impeachment-but-should-sc-invite-this-situation-2213519.html
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Register Online for Graduates MLC. Here is the link: https://ceotserms1.telangana.gov.in/MLC/form18.aspx , || Justice Gajendra Gadkar shows the way || The seekers of justice and the society would lose faith in both. The system of appointment of judges to the higher courts was taken over by the Supreme Court itself and it had evolved the collegium system through its process of judicial reasoning of restoring independence of judiciary. Then, the question is how to remove a judge whose misbehaviour or incapacity is established? Article 124(4) and (5) of the Constitution provides for removal of a Supreme Court judge through the process of impeachment and similar power for removal of high court judge is also available under Article 218. The removal of a judge involves voting by two-thirds of the members of Parliament present and voting when a motion of impeachment is moved. The only rider is that preceding the motion, the charges made against a judge sought to be impeached should be inquired by a Judges Inquiry Committee of three judges of which one will be a sitting judge of the Supreme Court, the second is the chief justice of a high court and the third will be an eminent jurist nominated by the Lok Sabha Speaker or the Rajya Sabha Chairman. In case the committees report does not establish a prima facie case against the judge, the motion to impeach him will automatically lapse. ince the adoption of the Constitution 70 years ago, not one case of impeachment of a Supreme Court judge was ever moved before Parliament. At least in five cases, motions were brought against high court judges, but not one of them was taken to the logical end. In the early 60s when complaints were made against Justice Chandra Reddy (A.P. High Court) that he was favouring persons in the Bar, the Supreme Court was at a loss to deal with the situation. Chief Justice Gajendra Gadkar went to Hyderabad on an unofficial visit. He writes in his biography:-I took the Chief Justice into my confidence I said in fairness, You give me the names of your lawyers and your colleagues whom I should take into my confidence and ask relevant questionsHe supplied me with the list and it was precisely the lawyers and judges named by him in the list that I met. To my disagreeable surprise, not only all the lawyers but even most of the judges supported the complaint https://www.newindianexpress.com/opinions/2020/oct/22/option-open-for-jagan-to-seek-impeachment-but-should-sc-invite-this-situation-2213519.html