Judicial removal — tough law with a loophole, Pg6

Key Highlights:

• In December 2025, 107 MPs from the INDIA bloc submitted a notice for the removal of Justice G.R. Swaminathan of the Madras High Court.
• The motion included 13 charges, alleging the judge acted against secular principles and favored lawyers from a specific community.
• The notice was submitted to Lok Sabha Speaker Om Birla on December 9, 2025.
• The Constitution outlines the process for removing a judge, using the term "removal" rather than "impeachment".

Detailed Insights:

• The removal process for judges of the Supreme Court and High Courts is detailed in Articles 124(4), 124(5), 217(1)(b), and 218 of the Constitution.
• The Judges (Inquiry) Act of 1968, along with the Judges Inquiry Rules, governs the investigation of charges against a judge.
• A judge can be removed on grounds of "proved misbehaviour" or "incapacity," with misbehaviour encompassing conduct that dishonors the judiciary, such as corruption or abuse of judicial office.
• The Speaker/Chairman's power to disallow a motion for removal, even with substantial MP signatures, presents a potential flaw, as it could obstruct the impeachment process based on governmental preferences.
• Article 124(5) empowers Parliament to make laws regulating the procedure for presenting an address and investigating a judge's misbehavior or incapacity, but it doesn't explicitly grant the Speaker/Chairman the power to refuse admission of the motion.

Key Concepts Involved:

• Impeachment: A formal process by which a public official is accused of unlawful activity, which may include removal from office if convicted.
• Misbehaviour: Conduct by a judge that brings dishonor to the judiciary, including corruption, lack of integrity, or abuse of judicial office.
• Secularism: The principle of separation of the state from religious institutions.