Foundation
General Knowledge
The Judiciary System Of India
Indian Constitution and Fundamental Concepts
Indian Constitution And Fundamental Concepts
Question
The Judges of High Court can be removed from their office during their tenure.
by the President on the basis of a resolution passed by the Parliament by two-third majority
by the Governor , if the State Legislature passes a resolution to this effect by two-third majority
by the Chief Justice on the advice of the President
by the Chief Justice on the recommendation of the Parliament
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Solution
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The removal process of High Court Judges in India is a constitutional safeguard to ensure judicial independence while maintaining accountability. According to Article 217(1)(b) and Article 124(4) of the Indian Constitution, a High Court Judge can be removed from office only through a specific impeachment process.

The correct procedure is:

Step 1: A removal motion must be presented to the President of India.

Step 2: This motion must be supported by a special majority in both houses of Parliament - that is, a majority of the total membership of each house and a majority of not less than two-thirds of the members present and voting.

Step 3: Only after such a resolution is passed by both houses can the President issue an order for the judge's removal.

Final Answer: Therefore, High Court Judges are removed by the President on the basis of a resolution passed by Parliament by two-third majority.

Related Topics

Judicial Independence: The Constitution provides security of tenure to judges to ensure they can perform their duties without fear or favor. Judges hold office until they reach the retirement age of 62 years (for High Court judges) and can only be removed through the elaborate impeachment process.

Grounds for Removal: A judge can only be removed on two grounds: proven misbehavior or incapacity. The process is designed to be difficult to prevent arbitrary removals and protect judicial independence.

Constitutional Provisions

Article 217(1)(b): Deals with the tenure of High Court judges and provisions for removal.

Article 124(4): Lays down the procedure for removal of Supreme Court and High Court judges through impeachment.

Article 218: Applies the procedure for removal of Supreme Court judges to High Court judges.