Justice Yashwant Verma Note Case: How difficult is it to remove a High Court judge from the post? Understand complete process – Justice Yashwant Verma Note Scandal How Dificult is it to remove a high court judge from

After a large quantity of cash was recovered in the house of Delhi High Court Judge Justice Yashwant Verma, the Supreme Court collegium has recommended to transfer him to his original High Court Allahabad High Court. After this incident, some members of the five -judge collegium of the Supreme Court believe that such an incident is going to tarnish the image of serious and judiciary, just the transfer is not enough.

Some members of the Supreme Court Collegium say that Justice Yashwant Verma should be asked to resign, if they refuse, then the in-house investigation should be started by the Chief Justice (CJI) of the Supreme Court. In such a situation, it is necessary to know whether the High Court judge can be removed from his post? Or what is the process of removing the High Court judge? Let’s know

Reason for removing High Court judge
Ajay Tyagi, Assistant Professor of Gurugobind Singh Indraprastha University, had told The Lallantop that a judge of the High Court can be removed for only two reasons. First, if the judge has misused his position or indulges in corruption. Second, if the judge is unable to fulfill his responsibilities mentally or physically. In the Constitution, the judges of the High Court are appointed by the President that the President’s approval is also needed to remove.

In fact, the appointment of a High Court judge in India, the conditions of the post and the removal process is given in Article 217 (1) (B) and Article 124 (4) of the Constitution of India. This process is called impeachment, which is very complex. At the same time, the investigation process to remove the judge of the High Court is given in Judges (Inquiry) Act, 1968.

The process of removing the judge of Hoicourt

First phase: Signature of Lok Sabha and Rajya Sabha MPs

A proposal (Motion for Removal) is sent to the President to remove the judge of any High Court, on which the judge can be removed from his post after getting approval. However, there is a long and complex process between the proposal from appearing to the President’s approval. It is first to be introduced in Parliament. This proposal is presented in the Lok Sabha with the signature of at least 100 Lok Sabha MPs and at least 50 Rajya Sabha MPs on being presented in Rajya Sabha.

Second Phase: Investigation Committee formed

When a proposal to remove a judge is accepted in Parliament, a three -member inquiry committee of the Chief Justice (CJI), a High Court Chief Justice and a senior prestigious judge are formed. This committee investigates the allegations against the judge and submits its report to Parliament.

Third phase: Voting in Parliament

If the committee finds the allegations correct, the proposal is first kept for debate and voting in the Lok Sabha and then the Rajya Sabha. To remove the judge, it is necessary to pass the proposal in both the houses by two-thirds (2/3) majority.

Last phase: President’s approval

After passing the proposal in Parliament, it is sent to the President. The judge is removed from his post as soon as the President approves it. Till now many times an attempt has been made to bring impeachment motion against the judges, but till date no High Court judge has been removed by impeachment, as this process is very difficult and long. However, he voluntarily resigned after some judges were accused.