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Tuesday, September 09, 2008

Why it's so difficult to remove a judge-India-The Times of India

Why it's so difficult to remove a judge-India-The Times of India

In the above mentioned article on Times of India, the issue of impending Bill bringing amendment to Judges (Inquiry) Act 1968 is discussed.


Kindly note that in examination, generally hypothetical issues are not taken up. Secondly, the issue relates to Judiciary which can not be discussed publicly. However, this is an issue which can be part of interview especially for those candidates who may clear mains from Punjab and West Bengal.

Apart from that it takes up Article 124 of the Constitution, under which, the judge will be impeached if the motion is supported by two-thirds of the members of the House present and voting.







NDTV.com news item Impeaching Justice Sen may not be easy by Deepak Bajpai, Anasuya Roy, and Sidharth Pandey is not right because it claims that it is the CJI which recommends the impeachment and then it is taken by the Parliament and that is not correct. The Times of India Report has specifically pointed a lacuna in it and writes, "Unprecedented as it is, Chief Justice of India K G Balakrishnan's recommendation to the government for the removal of Calcutta High Court judge Soumitra Sen has exposed a legal lacuna. For, Judges (Inquiry) Act 1968 does not envisage a contingency where the judiciary approaches the executive for the removal of a judge; the impeachment process provided by it is entirely in the domain of Parliament."

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