Chief Justice of India (CJI) can be removed
In India, the Chief Justice of India (CJI) can be removed only through a special constitutional procedure, commonly called impeachment. The process is governed by Article 124(4) of the Constitution of India.
Steps to remove the Chief Justice of India
Notice of removal : - At least 100 Lok Sabha MPs or 50 Rajya Sabha MPs must sign a notice seeking removal.
Admission of the motion : - The Speaker of the Lok Sabha or the Chairman of the Rajya Sabha decides whether to admit the motion.
Investigation : - If admitted, a three-member committee investigates the allegations of proved misbehaviour or incapacity.
Special majority in both Houses : - Both the Lok Sabha and Rajya Sabha must approve the removal motion in the same parliamentary session. Each House needs : -
- A majority of its total membership; and
- At least two-thirds of members present and voting.
President's order : - After both Houses pass the motion with the required majorities, the President of India issues the order removing the CJI.
Important points
- Grounds for removal : - proved misbehaviour or incapacity.
- The Prime Minister or President cannot remove the CJI single-handedly.
- A government disagreement with a judgment is not, by itself, grounds for removal.
- The same constitutional removal procedure applies to other Supreme Court judges.
Comments