What is the procedure for removing judges? | Explained
3 months, 1 week ago

What is the procedure for removing judges? | Explained

The Hindu  

The story so far: Fifty-five MPs of the Rajya Sabha have submitted a motion, for removing Allahabad High Court Judge, Justice Shekhar Kumar Yadav, to Chairman of the Rajya Sabha. Articles 124 and 217 of the Constitution provide that a judge of the Supreme Court/High Court shall be removed by the President, on the grounds of ‘proved misbehaviour’ or ‘incapacity’ after a motion is passed in each House of Parliament by a majority of the total membership of that House and by a majority of not less than two thirds of the members of that House present and voting in the same session. The Constitution does not define the terms ‘proved misbehaviour’ or ‘incapacity.’ The Supreme Court has opined in various cases that wilful misconduct in office, corruption, lack of integrity or any other offence involving moral turpitude would constitute misbehaviour. The Blackstone’s ratio in criminal jurisprudence that ‘it is better that ten guilty persons escape than that one innocent suffer’ can be applied even when it comes to the removal of judges.

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History of this topic

Indian Judiciary: An astounding dearth of accountability, transparency and reforms
5 days, 3 hours ago

Indian Judiciary: An astounding dearth of accountability, transparency and reforms

Op India  

Justice Yashwant Varma of the Delhi High Court has been embroiled in controversy since an enormous amount of unaccounted cash was reportedly discovered after a fire at his residence. Judicial Standards and Accountability Bill The Judicial Standards and Accountability Bill, 2010 laid forth judicial standards, mandates that judges disclose their assets and creates procedures for dismissing Supreme Court and High …

HC judge Yashwant Varma de-rostered, set to get repatriated
Top News
5 days, 18 hours ago

HC judge Yashwant Varma de-rostered, set to get repatriated

Hindustan Times  

The Supreme Court collegium on Monday issued a resolution repatriating Delhi high court judge justice Yashwant Varma to the Allahabad high court in connection with a controversy from the discovery of a large amount of cash at the judge’s official residence in the national capital earlier this month. Justice Yashwant Varma The decision came hours after Delhi high court chief …

Read about Justice V Ramaswami who became the first Indian Judge to face impeachment motion in the Parliament of India
6 days ago

Read about Justice V Ramaswami who became the first Indian Judge to face impeachment motion in the Parliament of India

Op India  

The controversy surrounding Delhi High Court Justice Yashwant Varma has left the entire country, including the legal circles in shock. You, as a judge, has got to consider how far it is acceptable or not.” Image via Parliament Digital Library Congress veteran Mani Shankar Aiyar alleged that the change in the government and the political landscape of the country “and …

Only Parliament has the jurisdiction to constitutionally remove a High Court judge: RS Chairman Jagdeep Dhankhar
1 month, 2 weeks ago

Only Parliament has the jurisdiction to constitutionally remove a High Court judge: RS Chairman Jagdeep Dhankhar

The Hindu  

Rajya Sabha Chairman Jagdeep Dhankhar on Thursday asserted that only Parliament has the jurisdiction to constitutionally remove a High Court judge, saying a notice for the removal of Justice Shekhar Yadav of the Allahabad High Court is pending with him. He asked the Rajya Sabha Secretary General to share with the Secretary General of the Supreme Court the information that …

Only Parliament has jurisdiction to address Justice Shekhar Yadav's removal, says Jagdeep Dhankhar
1 month, 2 weeks ago

Only Parliament has jurisdiction to address Justice Shekhar Yadav's removal, says Jagdeep Dhankhar

New Indian Express  

NEW DELHI: Rajya Sabha Chairman Jagdeep Dhankhar remarked that only the Parliament has the jurisdiction to address the issue of removing Justice Shekhar Kumar Yadav from the Allahabad High Court. In a suo motu statement in the Upper House of the parliament, Dhankhar announced that the Rajya Sabha Secretary-General has been directed to share the information with the Secretary General …

LEGAL ACUMEN | Should Allahabad High Court Justice Shekhar Kumar Yadav be Removed as a Judge for his Controversial Remarks About Muslims?
3 months, 1 week ago

LEGAL ACUMEN | Should Allahabad High Court Justice Shekhar Kumar Yadav be Removed as a Judge for his Controversial Remarks About Muslims?

The Hindu  

Published : Dec 18, 2024 17:49 IST - 8 MINS READ The Allahabad High Court’s sitting judge, Justice Shekhar Kumar Yadav’s remarks targeting Muslims on December 8 at an event organised by the Vishwa Hindu Parishad’s legal cell, has stirred up a huge controversy: 55 Members of Parliament submitted a memorandum to the Rajya Sabha Secretary General seeking his removal …

Explained| Impeachment Of A Sitting Judge: Procedure & Precedents
3 months, 2 weeks ago

Explained| Impeachment Of A Sitting Judge: Procedure & Precedents

Live Law  

Allahabad High Court Judge, Justice Shekhar Kumar Yadav, is the subject of an impeachment motion against him in Rajya Sabha for the controversial remarks made by him against the Muslim community at an event organized by the Vishwa Hindu Parishad. “ A Judge of the Supreme Court shall not be removed from his office except by an order of the …

Rajya Sabha MPs led by Kapil Sibal submit impeachment motion against Justice Shekhar Yadav: The proudly biased secularism of Indian 'liberals'
3 months, 2 weeks ago

Rajya Sabha MPs led by Kapil Sibal submit impeachment motion against Justice Shekhar Yadav: The proudly biased secularism of Indian 'liberals'

Op India  

A motion to remove Allahabad High Court Judge Shekhar Kumar Yadav from office was submitted to the Rajya Sabha Secretary-General on 13th December over his allegedly controversial statements. According to the motion, Justice Yadav “engaged in hate speech and incitement to communal disharmony in violation of the Constitution of India” in his speech and lecture at a Vishva Hindu Parishad …

Oppn MPs Submit Motion To Impeach Allahabad HC Judge Over 'Majority's Say' Remark: Report
Top News
3 months, 2 weeks ago

Oppn MPs Submit Motion To Impeach Allahabad HC Judge Over 'Majority's Say' Remark: Report

ABP News  

Around 55 MPs from opposition parties submitted a notice in Rajya Sabha on Friday for the impeachment of Allahabad High Court judge Justice Shekhar Yadav over his 'majority's wish' remark. "We have given a notice to the Rajya Sabha Secretary General to impeach Allahabad High Court judge, Justice Shekhar Kumar Yadav," said Rajya Sabha MP Kapil Sibal while speaking to …

Impeachment Motion Moved In Rajya Sabha Against Justice Shekhar Kumar Yadav Over VHP-Event Speech
3 months, 2 weeks ago

Impeachment Motion Moved In Rajya Sabha Against Justice Shekhar Kumar Yadav Over VHP-Event Speech

Live Law  

A motion to impeach Justice Shekhar Kumar Yadav, Judge of the Allahabad High Court, was submitted to the Secretary General of Rajya Sabha today. The motion was signed by 55 Rajya Sabha MPs, which is beyond the limit of 50 MPs required to move an impeachment motion.A delegation led by Kapil Sibal submitted the impeachment motion. The impeachment motion is …

Opposition submits notice in RS for Allahabad HC judge's impeachment over 'controversial remarks': Sources
3 months, 2 weeks ago

Opposition submits notice in RS for Allahabad HC judge's impeachment over 'controversial remarks': Sources

New Indian Express  

NEW DELHI: Members of several opposition parties on Friday moved a notice in the Rajya Sabha for the impeachment of Allahabad High Court Judge Shekhar Kumar Yadav over his alleged controversial remarks at a recent event, sources said. The notice for moving an impeachment motion was signed by 55 opposition MPs, including Kapil Sibal, Vivek Tankha, Digvijaya Singh, John Brittas, …

Days After Controversy Over VHP Event Speech, Allahabad High Court Chief Justice Changes Justice Shekhar Yadav's Roster
3 months, 2 weeks ago

Days After Controversy Over VHP Event Speech, Allahabad High Court Chief Justice Changes Justice Shekhar Yadav's Roster

Live Law  

4 Days after his controversial speech at a public event organised by the legal cell of the Vishwa Hindu Parishad, the Chief Justice of the Allahabad High Court has changed the judicial roster of Justice Shekhar Yadav. This development comes just 2 days after the Supreme Court took note of the reports about the controversial speech given by Justice Yadav, …

Anti-Muslim remarks: INDIA bloc MPs push for impeachment as calls to remove Allahabad HC Judge Shekhar Yadav grow
3 months, 2 weeks ago

Anti-Muslim remarks: INDIA bloc MPs push for impeachment as calls to remove Allahabad HC Judge Shekhar Yadav grow

Live Mint  

The Opposition INDIA bloc parties in Rajya Sabha are planning to move a motion to impeach Allahabad High Court judge Justice Shekhar Kumar Yadav, who sparked a controversy with ‘anti- Muslim’ remarks at an event organised by the Vishwa Hindu Parishad last week Lok Sabha MP from Srinagar, Aga Syed Ruhullah Mehdi announced that he would submit a notice seeking …

Judge's 'majority's say' remark: What law says about high court judges' removal
3 months, 2 weeks ago

Judge's 'majority's say' remark: What law says about high court judges' removal

India Today  

With INDIA bloc MPs considering moving a motion seeking the removal of Allahabad High Court judge Justice Shekhar Kumar Yadav for his controversial remarks at a Vishva Hindu Parishad event, let us look at what the law says about the removal of high court judges. Therefore, a motion needs to be passed by both houses of Parliament for the removal …

Can controversial judges be removed? The process, explained
3 months, 2 weeks ago

Can controversial judges be removed? The process, explained

Hindustan Times  

A controversial speech by a sitting Allahabad high court judge has sparked a political row with opposition parties urging CJI Sanjiv Khanna to take cognisance of the issue. Process explained The Chief Justice of India can constitute a committee to examine the role of an errant judge at a high court or even propose disciplinary action against a sitting judge …

36 Rajya Sabha MPs back impeachment motion against Allahabad HC judge over controversial VHP event remarks
3 months, 2 weeks ago

36 Rajya Sabha MPs back impeachment motion against Allahabad HC judge over controversial VHP event remarks

New Indian Express  

The Opposition INDIA bloc parties in the Rajya Sabha are gearing up to submit a motion for the impeachment of Allahabad High Court judge Justice Shekhar Kumar Yadav, following his controversial remarks made at a Vishwa Hindu Parishad event last week, reported The Indian Express. The report also said that sources revealed that 36 MPs from various opposition parties have …

Removing Rajya Sabha Chairman Dhankhar won't be a cakewalk. Here's why
3 months, 2 weeks ago

Removing Rajya Sabha Chairman Dhankhar won't be a cakewalk. Here's why

India Today  

The Congress-led Opposition is attempting to unseat Vice-President and Rajya Sabha Chairman Jagdeep Dhankhar, accusing him of steering the House with a "partisan bias". And, as soon as the motion to remove the Rajya Sabha Chairman passes in both houses of the Parliament, he loses the post and also that of the Vice President of India. In this scenario, passing …

Allahabad HC judge to be impeached for ‘hate speech'? What Kapil Sibal said
3 months, 2 weeks ago

Allahabad HC judge to be impeached for ‘hate speech'? What Kapil Sibal said

Hindustan Times  

Rajya Sabha MP Kapil Sibal on Tuesday said he and a few other members will introduce a motion to impeach Allahabad high court's Justice Shekhar Kumar Yadav, who gave an alleged anti-Muslim hate speech at an event of the Vishva Hindu Parishad. Supreme Court Bar Association president and Rajya Sabha member Kapil Sibal “I have spoken to Digvijaya Singh, Vivek …

New CBI Case Against Ex-HC Judge: What Is It About? What Was The Last Case?
2 years, 1 month ago

New CBI Case Against Ex-HC Judge: What Is It About? What Was The Last Case?

The Quint  

To initiate proceedings: at least 100 members of Lok Sabha may give a signed notice to the Speaker, or at least 50 members of Rajya Sabha may give a signed notice to the Chairman The Speaker or Chairman may consult individuals and examine relevant material related to the notice Based on this, they may decide to either admit the motion …

Initiate Impeachment Motion Against Justice Shri Narayan Shukla: CJI Gogoi Writes To PM Modi
5 years, 9 months ago

Initiate Impeachment Motion Against Justice Shri Narayan Shukla: CJI Gogoi Writes To PM Modi

Live Law  

The Chief Justice of India Ranjan Gogoi has written to the Prime Minister Narendra Modi about initiating an impeachment motion in Parliament for removal of Allahabad High Court Judge Justice Shri Narayan Shukla, reports Times of India. Justice SN Shukla, who became the judge of Allahabad High Court in October 2005, has a term up to 17th July, 2020. More …

'Why Woman Judge Who Complained Against Sexual Harassment Was Not Allowed To Meet CJ?', SC Asks MP HC
6 years, 1 month ago

'Why Woman Judge Who Complained Against Sexual Harassment Was Not Allowed To Meet CJ?', SC Asks MP HC

Live Law  

The Supreme Court yesterday quizzed the Madhya Pradesh High Court as to why a woman judicial officer, seeking reinstatement after having resigned following inquiry into her allegations of sexual harassment against a sitting high court judge, was not allowed to meet the then Chief Justice.The judge was given a clean chit in December 2017 by a Rajya Sabha-appointed panel which …

Venkaiah Naidu rejects impeachment notice against CJI Dipak Misra: A look at fate of previous such motions
6 years, 11 months ago

Venkaiah Naidu rejects impeachment notice against CJI Dipak Misra: A look at fate of previous such motions

Firstpost  

Impeachment proceedings against judges made progress in Parliament for the first time in 1993 when Supreme Court judge V Ramaswami faced charges of corruption New Delhi: The rejection of notice for impeachment of Chief Justice Dipak Misra by Rajya Sabha Chairman M Venkaiah Naidu at the preliminary stage itself today had a precedent nearly five decades ago when a Supreme …

CJI impeachment notice rejected: Know all about the appointment and removal process of a SC Judge
6 years, 11 months ago

CJI impeachment notice rejected: Know all about the appointment and removal process of a SC Judge

India Today  

On April 23, Vice President of India, Venkaiah Naidu rejected the impeachment notice against the CJI Deepak Misra signed by 64 opposition MPs. The committee should consist of the chief justice or a judge of the Supreme Court, a chief justice of a high court, and a distinguished jurist. The chief justice is appointed by the president after consultation with …

CJI impeachment: Venkaiah Naidu expected to take legal opinion on Opposition's motion before making decision
6 years, 11 months ago

CJI impeachment: Venkaiah Naidu expected to take legal opinion on Opposition's motion before making decision

Firstpost  

The fate of the motion for the impeachment of Chief Justice Dipak Misra rests with Rajya Sabha Chairperson M Venkaiah Naidu, who is likely to seek legal opinion before accepting or rejecting it New Delhi: The fate of the motion for the impeachment of Chief Justice Dipak Misra rests with Rajya Sabha Chairperson M Venkaiah Naidu, who is likely to …

All about appointment and removal process of Chief Justice of Supreme Court
6 years, 11 months ago

All about appointment and removal process of Chief Justice of Supreme Court

India TV News  

The opposition parties, including the Congress, on Friday moved an impeachment motion in the Rajya Sabha seeking removal of Chief Justice of India Dipak Misra. "We have moved an impeachment motion seeking the removal of CJI Dipak Misra under five listed grounds of misbehaviour. We have sought his removal under Article 217 read with Article 124 of the Constitution of …

SC Seeks AG’s Assistance On Plea Seeking Ban On Public Discussion On Impeachment Motion Against Judges [Read Petition]
6 years, 11 months ago

SC Seeks AG’s Assistance On Plea Seeking Ban On Public Discussion On Impeachment Motion Against Judges [Read Petition]

Live Law  

A Supreme Court bench on Friday sought the assistance of Attorney General on a plea seeking ban on public discussions relating to impeachment motion against Judges. Justices AK Sikri and Justice Ashok Bhushan was hearing a PIL seeking guidelines/ modalities to be laid down, in respect of regulating the procedure to be followed by the Members of the Parliament, desirous …

SC Seeks AG’s Assistance On Plea Seeking Ban On Public Discussion On Impeachment Motion Against Judges [Read Petition]
6 years, 11 months ago

SC Seeks AG’s Assistance On Plea Seeking Ban On Public Discussion On Impeachment Motion Against Judges [Read Petition]

Live Law  

A Supreme Court bench on Friday sought the assistance of Attorney General on a plea seeking ban on public discussions relating to impeachment motion against Judges. Justices AK Sikri and Justice Ashok Bhushan was hearing a PIL seeking guidelines/ modalities to be laid down, in respect of regulating the procedure to be followed by the Members of the Parliament, desirous …

CJI recommends removal of Allahabad HC judge for his impropriety in Medical admission scam case
7 years, 1 month ago

CJI recommends removal of Allahabad HC judge for his impropriety in Medical admission scam case

Op India  

The Lucknow medical scam might go down in history as one of darker periods in India judiciary. In order to contest the ban, a medical college knocked on the doors of a Supreme Court bench which also included the Chief Justice Dipak Misra. In an almost jaw dropping next scene, the college then approached the Lucknow bench of the Allahabad …

Judicial integrity: History shows judges resign rather than face impeachment
7 years, 8 months ago

Judicial integrity: History shows judges resign rather than face impeachment

Firstpost  

On Monday, the Supreme Court refused an urgent hearing on a plea of former Calcutta High Court judge CS Karnan seeking bail and recall of the order convicting him for contempt. Soumitra Sen In 2011, Soumitra Sen, another Calcutta High Court judge sent a letter tendering his resignation to President Pratibha Patil and the Lok Sabha Speaker Meira Kumar just …

Rajya Sabha Chairman admits impeachment motion against MP HC Judge
10 years ago

Rajya Sabha Chairman admits impeachment motion against MP HC Judge

Live Law  

Rajya Sabha Chairman Mohammad Hamid Ansari has admitted a motion for impeachment of Justice S.K. Gangele of the Madhya Pradesh High Court, on charges of sexual harassment against him by a former Additional District and Sessions Judge.A Rajya Sabha Bulletin said, “The Chairman has, under section 3 of the Judges Act, 1968, admitted the following Motion received from Shrimati. Gangele …

Rajya Sabha Chairman admits impeachment motion against MP HC Judge
10 years ago

Rajya Sabha Chairman admits impeachment motion against MP HC Judge

Live Law  

Rajya Sabha Chairman Mohammad Hamid Ansari has admitted a motion for impeachment of Justice S.K. Gangele of the Madhya Pradesh High Court, on charges of sexual harassment against him by a former Additional District and Sessions Judge.A Rajya Sabha Bulletin said, “The Chairman has, under section 3 of the Judges Act, 1968, admitted the following Motion received from Shrimati. Gangele …

58 RS MPs give notice for impeachment of HC judge | IndiaTV News
10 years ago

58 RS MPs give notice for impeachment of HC judge | IndiaTV News

India TV News  

New Delhi: 58 MPs of Rajya Sabha have given a notice for impeaching Justice S K Gangele of Madhya Pradesh High Court who is facing allegations of sexual harassment of a woman Additional District and Sessions Judge of Gwalior. They include “sexual harassment” of a woman Additional District and Sessions Judge of Gwalior while Gangele was a sitting judge of …

BCI urges discontinuation of protest against Chief Justice of MP High Court
10 years, 1 month ago

BCI urges discontinuation of protest against Chief Justice of MP High Court

Live Law  

Bar Council of India has urged the Advocates' Association of Jabalpur High Court and District Bar Association to discontinue their agitation against Chief Justice A.M. Khanwilkar. BCI has refused to lend any kind of support to the protest, considering it as an effort to lay unwarranted pressure on the Judiciary.Responding to their appeal chairman of Bar Council of India said, …

Removal of 3 judges for unwelcome activities sought by Patna High Court
11 years, 1 month ago

Removal of 3 judges for unwelcome activities sought by Patna High Court

Live Law  

As per reports, a recommendation for dismissing Komal Ram, the then judicial magistrate at Araria and now sub-judge at Nawada court, Jitendra Nath Singh the then additional district and sessions judge at Ara and at present ad hoc district and sessions judge at Ara and Hari Niwas Gupta, the then principal judge at family court, Samastipur, and at present principal …

SC reserves order on plea for removal of Andhra HC judge
12 years, 2 months ago

SC reserves order on plea for removal of Andhra HC judge

India TV News  

New Delhi,Jan 21: The Supreme Court on Monday reserved its order on a petition challenging the appointment of Justice N. V. Ramana as a judge of Andhra Pradesh High Court despite pendency of a criminal case against him. A bench of Justices Aftab Alam and Ranjana Desai reserved its order on a PIL filed by one M. Manohar Reddy challenging …

RS Approves Soumitra Sen's Impeachment
13 years, 7 months ago

RS Approves Soumitra Sen's Impeachment

India TV News  

New Delhi, Aug 18: Justice Soumitra Sen of the Calcutta High Court could be the first judge in the country to be removed, with the Rajya Sabha today overwhelmingly approving impeachment motion against him. Impeachment proceedings followed motions moved by Sitaram Yechury and Leader of the Opposition Arun Jaitley after an Inquiry Committee, appointed by the Rajya Sabha Chairman and …

Soumitra Sen - First Judge Impeached By RS
13 years, 7 months ago

Soumitra Sen - First Judge Impeached By RS

India TV News  

New Delhi, Aug 18: Justice Soumitra Sen of the Calcutta High Court could go down in history as the first judge to be removed if Lok Sabha gives its consent next week to the motion for his impeachment. The first such case involved the impeachment motion in Lok Sabha of Justice V Ramaswami of the Supreme Court in May 1993 …

First Ever Impeachment Of A Judge In Rajya Sabha Next Week
13 years, 7 months ago

First Ever Impeachment Of A Judge In Rajya Sabha Next Week

India TV News  

New Delhi, Aug 14: Rajya Sabha will make history this week when it will seek to impeach Justice Soumitra Sen of the Calcutta High Court, who has been held guilty on corruption charges by a specially constituted committee. 53-year-old Justice Sen, who has been held guilty on corruption charges by a panel appointed by Rajya Sabha Chairman Hamid Ansari, will …

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