Who can remove a Judge of a High Court?

Correct option is D

The Correct Answer (D) The President on the resolution of Parliament passed by a special majority

Explanation:

A Judge of a High Court can be removed from office only by the President of India, and only after a removal motion is passed by both Houses of Parliament (Lok Sabha and Rajya Sabha) with a special majority. This process is defined under Article 217 read with Article 124(4) of the Constitution of India. The grounds for removal are proved misbehaviour or incapacity.

The process is as follows:

1. A motion for removal must be supported by at least 100 members of Lok Sabha or 50 members of Rajya Sabha.

2. After admission of the motion, a Judicial Inquiry Committee is set up to investigate the charges.

3. If the committee finds the judge guilty, the motion is debated and must be passed by each House of Parliament by a special majority (i.e., a majority of the total membership of the House and a two-thirds majority of members present and voting).

4. Only then can the President issue the order of removal.

Information Booster:

1. The removal procedure of High Court Judges is the same as that of Supreme Court Judges.

2. This ensures independence of the judiciary, by protecting judges from arbitrary removal.

3. No High Court judge has ever been removed from office as of now, due to the rigorous procedure.

4. The term “impeachment” is often incorrectly used for High Court judges; technically, only the President of India can remove, not impeach.

5. The Judicial Standards and Accountability Bill was proposed in 2010 to strengthen accountability, but it has not yet become law.

6. This procedure was inspired by the British model but with safeguards suitable for a democratic republic.

7. Justice Soumitra Sen of the Calcutta High Court had faced removal proceedings, which were passed in the Rajya Sabha, but he resigned before the Lok Sabha could act.