What is the process for appointment and removal of judges in India?

Answer By law4u team

In India, the appointment and removal of judges involve a detailed process, which is designed to ensure the independence of the judiciary. The process varies for judges of the Supreme Court and judges of the High Courts. Here is an overview of the processes: Appointment of Judges: Supreme Court Judges: Initiation of the Process: The process begins with a recommendation from the Collegium, which consists of the Chief Justice of India and four senior-most judges of the Supreme Court. The Collegium recommends names based on merit, experience, and other relevant factors. Consultation with the Executive: The Chief Justice of India consults with the other judges of the Supreme Court and with the Chief Justice of India-designate, if necessary. Recommendation to the President: The final recommendations are sent to the President of India for approval. The President is bound by the advice of the Collegium in making appointments. Appointment by the President: Once the President approves the recommendations, the appointments are made. The new judges are sworn in and take office. High Court Judges: Initiation of the Process: The process begins with recommendations made by the Collegium of the High Court, which usually includes the Chief Justice and other senior judges. Consultation with the Chief Justice of India: The Chief Justice of the High Court consults with the Chief Justice of India and other judges of the Supreme Court, as well as the Governor of the state (where required). Recommendation to the President: The final recommendations are forwarded to the President for approval. Appointment by the President: Once the President approves the recommendations, the appointments are made, and the new judges take office. Removal of Judges: Supreme Court Judges: Initiation of the Process: A judge of the Supreme Court can be removed through an impeachment process initiated by either House of Parliament. A notice of motion is required, which should be signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha. Investigation Committee: The motion is then investigated by a committee of three members: the Chief Justice of India, a judge of the Supreme Court, and a distinguished jurist. Report to Parliament: If the committee finds the judge guilty of misbehavior or incapacity, a motion for removal is presented to Parliament. This motion must be supported by a special majority. Approval by Parliament: The motion needs to be passed by a majority of the total membership of each House of Parliament and by a majority of not less than two-thirds of the members present and voting. President's Decision: After Parliament's approval, the President passes an order for removal. High Court Judges: Initiation of the Process: The process for removing a judge of a High Court is similar to that for the Supreme Court, involving the presentation of a motion in either House of Parliament. Investigation Committee: A committee, consisting of the Chief Justice of India, a judge of the Supreme Court, and a distinguished jurist, investigates the charges against the judge. Report to President: If the committee finds the judge guilty, a motion for removal is presented to the President, who can pass an order for removal. The removal process for judges is a complex and rare procedure, intended to safeguard the independence of the judiciary and ensure that it is not subject to arbitrary removal. It requires careful consideration, investigation, and approval by both Houses of Parliament.

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