LS to take up motion to remove HC Judge, Pg 1.

Key Highlights:

• 152 MPs from both ruling and opposition parties have signed the motion in the Lok Sabha.
• Parliamentary Affairs Minister Kiren Rijiju confirmed it was a unanimous decision by all parties.
• The motion will be first taken up in Lok Sabha, then in Rajya Sabha, as per the constitutional process.
• Speaker Om Birla will announce a three-member inquiry committee to investigate the charges.
• A separate Opposition-led motion was also moved in Rajya Sabha on July 21, signed by 63 MPs.
• The Rajya Sabha notice has not yet been formally admitted; consultations are ongoing with both Houses.

Detailed Insights:

• Legal Procedure: The process is governed by Article 124(4) and 217(1)(b) of the Constitution and the Judges (Inquiry) Act, 1968.
• Committee Formation: The inquiry committee will include:
  • The Chief Justice of India or a SC judge,
  • A High Court Chief Justice, and
  • A distinguished jurist.
• Precedent Significance: Removal motions are rare and require substantial political and legal consensus.
• Coordination Between Houses: The Lok Sabha motion precedes the Rajya Sabha’s; both motions complement each other but follow distinct admission procedures.
• Presiding Officers’ Role: Both Speaker (Lok Sabha) and Chairman (Rajya Sabha) play critical roles in validating the motion and forming the committee.

Concepts Involved:

• Judges (Inquiry) Act, 1968: Legal framework for investigating and removing High Court and Supreme Court judges.
• Removal Process: Requires:
  • Notice signed by 100 Lok Sabha or 50 Rajya Sabha MPs,
  • Admission by presiding officer,
  • Inquiry committee investigation,
• Special majority in both Houses for removal.