Tag: Judges’ Inquiry Committee

INDIAN POLITY

Judges' Inquiry Committee Context: The Judges' Inquiry Committee submitted its report regarding the complaints against Justice Yashwant Varma to the Speaker of the Lok Sabha. This inquiry was conducted under the Judges (Inquiry) Act, 1968, which provides the statutory framework for investigating allegations of misconduct against judges. The Committee was constituted by the Speaker of the Lok Sabha on August 12, 2025, to examine these complaints. In accordance with statutory procedures, this report will be laid before both Houses of Parliament. On the Removal of Judges The "removal" of judges refers to the formal procedure for dismissing a Supreme Court or High Court judge from office on grounds of proven misbehavior or incapacity. It aims to ensure the accountability of the judiciary while simultaneously insulating it from political interference. The statutory framework for this process is provided under the Judges (Inquiry) Act, 1968, read in conjunction with Articles 124(4) and 218 of the Constitution of India.  However, the term "removal" is not explicitly mentioned in the Constitution. The grounds for removal include "proven misbehavior" and "incapacity." The procedure commences with a motion introduced in either House of Parliament. This requires the support of 100 Members of Parliament (MPs) in the Lok Sabha or 50 MPs in the Rajya Sabha, and the motion must be admitted by the Speaker or the Chairperson, respectively. Inquiry Committee: Once the motion is admitted, a three-member Inquiry Committee is constituted under the provisions of the 1968 Act. It shall comprise a Supreme Court Judge (or the Chief Justice), a High Court Chief Justice, and a distinguished legal scholar. Parliamentary Approval and Presidential Order: This committee shall submit its report to the Parliament; if the charges are substantiated, a debate shall be held on the resolution, which must then be passed by a "special majority" in…