Renewed scrutiny of in-house procedure for judicial misconduct
Allegations against a High Court judge have drawn attention to the constitutional removal process and the judiciary's in-house inquiry procedure.
What is happening
Allegations against a sitting High Court judge have renewed attention on how the judiciary handles complaints of misconduct against its own members.
A sitting High Court or Supreme Court judge can be removed from office only through a motion passed by a special majority in both Houses of Parliament under Article 124(4), read with Article 218 of the Constitution.
Short of removal, the Supreme Court's "in-house procedure" allows a committee of judges to inquire into complaints and recommend steps such as asking the judge concerned to resign.
Key facts
| Topic | Renewed scrutiny of in-house procedure for judicial misconduct |
| Syllabus | GS Paper 2 - Polity / Judiciary |
| Places | India |
| Keywords | judicial accountability, Article 124, in-house procedure, High Court judge |
UPSC / KPSC relevance
Prelims
Remember: judicial accountability; Article 124; in-house procedure; High Court judge. Expect a statement-based or match-the-following question on this.
Mains
Use as an example in GS-2 answers (GS Paper 2 - Polity / Judiciary). Frame: issue → provision/policy → implication → way forward.
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Can you answer this?
With reference to judicial accountability in India, consider the following statements: 1. A sitting High Court judge can be removed from office only through a motion passed by a special majority in both Houses of Parliament. 2. The Supreme Court's in-house procedure allows a committee of judges to recommend that a judge resign, but such a recommendation cannot by itself remove the judge from office. Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
Answer: C — Removal of a High Court judge requires a special-majority motion in Parliament under Article 124(4)/Article 218; short of that, the in-house procedure can only recommend resignation, not remove a judge.
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Sources
Government and official releases; PIB; The Hindu; Indian Express. Curated and verified by Topper IAS editorial.