The Judges (Inquiry) Act, 1968
š The Judges (Inquiry) Act, 1968
1. Introduction
The Judges (Inquiry) Act, 1968 is a special law enacted to provide a procedure for inquiry into allegations of misconduct against Judges of the Supreme Court and High Courts in India. The Act facilitates the constitutional provision for the removal of Judges on grounds of proved misbehavior or incapacity.
2. Background and Constitutional Context
Article 124(4) and Article 217(1)(b) of the Constitution of India provide for the removal of Judges of the Supreme Court and High Courts respectively.
A Judge can only be removed by the President of India on the recommendation of a Parliamentary Tribunal after an inquiry into the Judgeās conduct.
The Judges (Inquiry) Act, 1968 lays down the procedure for such inquiry after the initiation of impeachment motion in Parliament.
3. Objective of the Act
To provide a legal mechanism for inquiry into allegations against Judges.
To ensure due process and fair investigation before Parliament considers removal.
To maintain the independence and integrity of the Judiciary while enabling accountability.
4. Key Provisions
Section 3 ā Appointment of Inquiry Committee
When a motion for removal of a Judge is admitted by either House of Parliament, the President appoints a committee to inquire into the allegations.
The committee consists of:
A Supreme Court Judge,
A Chief Justice of a High Court,
And a distinguished jurist.
Section 4 ā Procedure for Inquiry
The committee conducts a formal inquiry into the charges.
The Judge concerned has the right to be heard and to present evidence.
The inquiry must be conducted fairly and expeditiously.
Section 5 ā Report of Inquiry
The committee submits its report to the President.
If the committee finds the Judge guilty of misbehavior or incapacity, the President can transmit the report to Parliament for consideration.
Section 6 ā Confidentiality
The proceedings and evidence are kept confidential to protect the dignity of the Judge and the judiciary.
5. Nature of Misbehavior and Grounds for Removal
Misbehavior includes corruption, moral turpitude, incapacity, or any conduct unbecoming of a Judge.
The Act does not define āmisbehaviorā but leaves it to the committee and Parliament to decide based on facts.
6. Important Case Law
Case 1: Justice V. Ramaswami Case (1994)
Context: Justice Ramaswami, a Supreme Court Judge, faced allegations of misbehavior.
The motion was referred under the Judges (Inquiry) Act.
The inquiry committee found no conclusive proof of misbehavior, but recommended caution.
The case is significant because it was the first time the procedure under the Act was invoked.
The motion in Parliament ultimately failed to remove him.
Principle: The case highlighted the importance of procedure and evidence in judicial accountability.
Case 2: Justice Soumitra Sen Impeachment (2011-2012)
Justice Soumitra Sen of the Calcutta High Court was accused of misappropriation of funds.
An inquiry committee was appointed under the Act.
The committee found him guilty of misbehavior.
The motion for removal was passed by both Houses of Parliament.
He became the first Judge of a High Court to be removed through impeachment.
Principle: Demonstrated that the Act provides an effective framework for removal.
Case 3: In Re Judges Cases
Various Supreme Court rulings have underlined that the procedure under the Act must be strictly followed.
Judicial independence requires balance between accountability and protection from frivolous charges.
7. Significance of the Act
Preserves the independence of the judiciary by setting a high threshold for removal.
Ensures that Judges can only be removed through a transparent and fair process.
Acts as a check against judicial misconduct without compromising on judicial autonomy.
Helps maintain public confidence in the judiciary.
8. Criticisms
The process is often criticized as being slow and cumbersome.
The political nature of impeachment motions can sometimes deter action.
Lack of lower judiciary accountability; the Act only covers High Courts and Supreme Court Judges.
9. Conclusion
The Judges (Inquiry) Act, 1968 is a pivotal statute balancing the need for judicial accountability with the protection of judicial independence. The Act provides a clear, constitutional, and fair mechanism for inquiring into allegations of misbehavior against Judges, ensuring that only proven misconduct can lead to removal. Case law shows that while the procedure is rigorous, it is essential to maintain the sanctity of the judiciary and uphold the rule of law.
RELATED Blog
0 comments