Indian Polity • JudiciaryHard
Examine the constitutional procedure and grounds for the removal of a judge of the High Court of Himachal Pradesh under Article 124(4) read with Article 217(1)(b) and the Judges Inquiry Act.
A. A judge can be removed by the Governor of Himachal Pradesh on the recommendation of the Chief Minister following a cabinet resolution.
B. Removal requires an address presented to the President by each House of Parliament supported by a special majority of a two-thirds majority of members present and voting and an absolute majority of total membership, on grounds of proved misbehavior or incapacity.✓ Correct Answer
C. The Supreme Court collegium alone holds the power to impeach and remove a sitting high court judge.
D. The state legislative assembly can pass a binding impeachment motion with a simple majority vote.
💡 Solution & Explanation
High Court judges can be removed only through a rigorous parliamentary impeachment process requiring an address by both houses of Parliament passed by a special majority on grounds of proved misbehavior or incapacity, followed by presidential order. The Governor and state legislature have no role in removing high court judges to safeguard judicial independence. The Collegium recommends transfers and appointments, not removal. An independent committee investigates the allegations before parliamentary debate commences.
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