Why in news?
Over 60 members of the Rajya Sabha have submitted a motion seeking the initiation of impeachment proceedings against Justice C.V. Nagarjuna Reddy of the High Court for Andhra Pradesh and Telangana.
What is the reason?
- Allegations against the judge include
- Interfering in the judicial process in several cases,
- Caste slurs and
- Death threats against Dalit Junior Civil Judge.
- This is the second attempt e to remove Justice.
- The first one made by 61 MPs on December 5 last failed after 19 signatories withdrew.
- When initiated, Justice Nagarjuna Reddy will be only the fifth judge of the higher judiciary to face impeachment.
What is the procedure to remove a judge of Supreme Court/High Court?
- Article 124 (4) of the Constitution stipulates that a minimum of 50 Rajya Sabha members or 100 members from the Lok Sabha are required as signatories to initiate impeachment.
- The next step in the process is for the Vice President to constitute a three-member committee under the 1968 Judges (Inquiry) Act.
- The committee generally consists of a sitting Supreme Court judge and two High Court Chief Justices.
- This is done in consultation with the Chief Justice of India.
- The committee will function like a trial court, examining the accusations and will advise in favour or against the judge’s removal.
- The committee’s decision will then be placed in both Houses of Parliament for a vote.
- It would require a two-third majority of MPs present voting in favour of the motion in the same session, or an absolute majority of a joint session, for the judge to be removed.
Source: The Hindu
