Rajya Sabha Motion for Removal of Justice Yadav

Why in the news?

55 Rajya Sabha MPs seek the removal of Justice Shekhar Kumar Yadav for making controversial remarks, triggering an inquiry into judicial conduct and impartiality.

Rajya Sabha Motion for Removal of Justice Yadav

Understanding the Procedure for Removing Judges:

  • Legal Framework:
    • Articles 124 and 217 of the Indian Constitution outline the removal process for judges of the Supreme Court and High Courts.
    • Judges can be removed by the President based on “proved misbehaviour” or “incapacity” after passing a motion in both Houses of Parliament.
    • The motion must be approved by a special majority (majority of total membership and at least two-thirds of members present and voting).
  • Judges (Inquiry) Act, 1968:
    • A motion for removal must be signed by at least 50 Rajya Sabha members and 100 Lok Sabha members.
    • The motion is considered by the Chairman or Speaker, who may admit or reject it.
    • If admitted, a three-member committee investigates, consisting of Supreme Court or High Court judges and a distinguished jurist.
    • If the committee finds the judge guilty of misbehaviour or incapacity, the motion proceeds to Parliament for a final vote.

Current Issue with Justice Yadav:

  • Allegations:
    • Justice Yadav reportedly made communally-charged remarks during an event by the Vishwa Hindu Parishad, suggesting the country should be run according to the majority’s wishes.
  • Judicial Code of Conduct:
    • The Supreme Court mandates judges must maintain impartiality and avoid behaviour that undermines the judiciary’s integrity.
    • The Judges (Inquiry) Bill, 2006 proposed measures such as warnings or censure for minor misconduct, though it wasn’t passed.

Required Actions and Challenges

  • Protection of Judicial Independence:
    • The rigorous removal process ensures the independence of the judiciary, despite occasional failures to remove judges found guilty of misconduct.
    • The Chairman of the Rajya Sabha is unlikely to approve the motion, as there is a notice for his own removal.
    • The Supreme Court has sought an explanation from Justice Yadav regarding his controversial remarks.

Sources Referred:

PIB, The Hindu, Indian Express, Hindustan Times