The Judges (Inquiry) Act, 1968

(1) This Act may be called the Judges (Inquiry) Act, 1968. (2) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint.

In this Act, unless the context otherwise requires,-- (a) "Chairman" means the Chairman of the Council of States; (b) "Committee" means a Committee constituted under section 3; (c) "Judge" means a Judge of the Supreme Court or of a High Court and includes the ChiefJustice of India and the Chief Justice of a High Court; (d) "prescribed" means prescribed by rules made under this Act; (e) "Speaker" means the Speaker of the House of the People.

(1) If notice isgiven of a motion for presenting an address to the President praying for the removal of aJudge signed,-- (a) in the case of a notice given in the House of the People, by not less than one hundredmembers of that House; (b) in the case of a notice given in the Council of States, by not less than fifty members ofthat Council; then, the Speaker or, as the case may be, the Chairman may, after consulting such persons, if any, ashe thinks fit and after considering such materials, if any, as may be available to him, either admit themotion or refuse to admit the same. (2) If the motion referred to in sub-section (1) is admitted, the Speaker or, as the case may be, theChairman shall keep the motion pending and constitute, as soon as may be, for the purpose of makingan investigation into the grounds on which the removal of a Judge is prayed for, a Committeeconsisting of three members of whom-- (a) one shall be chosen from among the Chief Justice and other Judges of the Supreme Court; (b) one shall be chosen from among the Chief Justices of the High Courts, and (c) one shall be a person who is, in the opinion of, the Speaker or, as the case may be, theChairman, a distinguished jurist: Provided that where notices of a motion referred to in sub-section (1) are given on the same day inboth Houses of Parliament, no Committee shall be constituted unless the motion has been admitted inboth Houses and where such motion has been admitted in both Houses, the Committee shall beconstituted jointly by the Speaker and the Chairman: Provided further that where notices of a motion as aforesaid are given in the Houses of Parliamenton different dates, the notice which is given later shall stand rejected. (3) The Committee shall frame definite charges against the Judge on the basis of which theinvestigation is proposed to be held. (4) Such charges together with a statement of the grounds on which each such charge is basedshall be communicated to the Judge and he shall be given a reasonable opportunity of presenting awritten statement of defence within such time as may be specified in this behalf by the Committee. (5) Where it is alleged that the Judge is unable to discharge the duties of his office efficiently dueto any physical or mental incapacity and the allegation is denied, the Committee may arrange for themedical examination of the Judge by such Medical Board as may be appointed for the purpose by theSpeaker or, as the case may be, the Chairman or, where the Committee is constituted jointly by theSpeaker and the Chairman, by both of them, for the purpose and the Judge shall submit himself tosuch medical examination within the time specified in this behalf by the Committee. (6) The Medical Board shall undertake such medical examination of the Judge as may beconsidered necessary and submit a report to the Committee stating therein whether the incapacity issuch as to render the Judge unfit to continue in office. (7) If the Judge refuses to undergo medical examination considered necessary by the MedicalBoard, the Board shall submit a report to the Committee stating therein the examination which theJudge has refused to undergo, and the Committee may, on receipt of such report, presume that theJudge suffers from such physical or mental incapacity as is alleged in the motion referred to insub-section (1). (8) The Committee may, after considering the written statement of the Judge and the medicalreport, if any, amend the charges framed under sub-section (3) and in such a case, the Judge shall begiven a reasonable opportunity of presenting a fresh written statement of defence. (9) The Central Government may, if required by the Speaker or the Chairman, or both, as the casemay be, appoint an advocate to conduct the case against the Judge.

(1) Subject to any rules that may be made in this behalf, theCommittee shall have power to regulate its own procedure in making the investigation and shall givea reasonable opportunity to the Judge of cross-examining witnesses, adducing evidence and of beingheard in his defence. (2) At the conclusion of the investigation, the Committee shall submit its report to the Speaker or,as the case may be, to the Chairman, or where the Committee has been constituted jointly by theSpeaker and the Chairman, to both of them, stating therein its findings on each of the chargesseparately with such observations on the whole case as it thinks fit. (3) The Speaker or the Chairman or, where the Committee has been constituted jointly by theSpeaker and the Chairman, both of them, shall cause the report submitted under sub-section (2) to belaid, as soon as may be, respectively before the House of the People and the Council of States.

For the purpose of making any investigation under this Act theCommittee shall have the powers of a civil court, while trying a suit, under the Code of CivilProcedure, 1908 (5 of 1908), in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on oath; (d) issuing commissions for the examination of witnesses or documents; (e) such other matters as may be prescribed.