UPSC-Relevant News Items

1. Holding judges accountable strengthens democracy: DMK spokesperson

Page: 7

Summary:

• • DMK defends the INDIA bloc's motion to remove a Madras High Court judge, arguing that judicial accountability is a vital component of checks and balances in democracy.
• • The motion, backed by 120 MPs, cites the judge’s alleged partisan conduct, decisions based on political ideology, and consistent violation of secular principles.
• • This legislative action is asserted as a constitutional safeguard necessary for ensuring no branch, including the judiciary, possesses unbridled power.
• • The move highlights the high political threshold required, emphasizing that the removal process (impeachment) is an extreme measure reserved for proven misbehaviour or incapacity.

Additional Facts:

• • The removal of superior judges is a legislative check governed by Article 124(4) of the Constitution, made operational by the Judges (Inquiry) Act, 1968.
• • This Act establishes the institutional mechanism for investigation, requiring an inquiry committee to confirm grounds of misbehaviour before the removal motion is presented for a vote in Parliament.
• • Article 217 read with Article 124(4) extends this removal procedure (impeachment) to High Court judges as well.
• • A judge can be removed only if both Houses of Parliament pass a resolution supported by a special majority (two-thirds of members present and voting, and absolute majority of the total membership of the House).
• • Constitutional grounds for removal are strictly limited to 'proven misbehaviour' or 'incapacity', as specified in Article 124(4).

Linkage with UPSC course:

• • General

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