Question
Consider the following statements about removal of High
Court Judge: 1. The details of process of impeachment of high court judge is given in constitution 2. The grounds for removal of a judge of the High court can be proved misbehaviour, incapacity or violation of constitution. Which of the statements given above is/are correct?Solution
• Statement 1 is incorrect: The Constitution does not contain detailed provision to remove judges of the High Court. It is followed as per the provision of Judicial Inquiry Act, 1968. • Statement 2 is incorrect: The Constitution provides for grounds to remove judges of the High court which are proved misbehaviour or incapacity. Violation of the Constitution is not grounds for removal of a judge of higher Judiciary.
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