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Sunday, April 22

CJI Impeachment and its procedure

TNPSC Current Affairs - April 2018 by TNPSC Guru 
  • Seven Opposition Parties serve notice of impeachment of Chief Justice of India Dipak Misra accusing him on ground of serious misbehaviour and misusing authority.
  • The opposition parties handed over the notice of impeachment to Chairman of Rajya Sabha M Venkaiah Naidu with signatures of 71 MPs of Rajya Sabha.
  • Article 124 (4) of constitution deals with procedure of removal of Judges of Supreme Court including CJI 

Procedure of Removal of Judges:
  • The grounds of Removal of judges will be proved misbehaviour or incapacity.
  • A removal motion should signed by 100 member of  lok Sabha or 50 members of  Rajya Sabha.
  • It should be given to Speaker / Chairman and they may reject or admit.
  • If it is admitted then Speaker/Chairman has to constitute the three member committee to investigate the charges.
  • Committee should comprise of Chief justice or Supreme court Judge, Chief justice of high Court and distinguished jurist.
  • If the committee finds the judge is guilty then the impeachment motion has to pass in both houses.
  • It should be passed by Special majority in each house of parliament.
  • Once it is passed by both houses then it will send to president, then he will passes an order of impeachment of Judge. 

Till now no judge of the Supreme Court has been impeached.

Justice V Ramaswami is the only judge faced impeachment, the enquiry committee found guilty but impeachment motion was defeated in Lok Sabha.

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