CJI Impeachment India pdf – CJI Impeachment Procedure,Law,Rules – hello friends Welcome to studydhaba.com . Here We are sharing Latest information About CJI Impeachment in India and its procedure . chief Justice of India impeachment process In India Will be Discussed in Full Details .CJI Impeachment India pdf – CJI Impeachment Procedure,Law,Rules
Introduction About Chief Justice Of India -CJI Impeachment India pdf – CJI Impeachment Procedure,Law,Rules
CJI Impeachment India pdf – CJI Impeachment Procedure,Law,Rules
- The Chief Justice of India (CJI) is the head of the judiciary of India and the Supreme Court of India.
- The CJI also heads their administrative functions.
- Chief justice of India Has the power of allocation of Resources and Cases to all Other Judges.
- Chief Justice Of india is the Senior Most Judge of the Supreme Court.
- In accordance with Article 145 of the Constitution of India and the Supreme Court Rules of Procedure of 1966, the Chief Justice allocates all work to the other judges who are bound to refer the matter back to him or her (for re-allocation) in any case where they require it to be looked into by a larger bench of more judges.
The present CJI is Justice Dipak Misra and is the 45th CJI since January 1950, the year the Constitution came into effect and the supreme court came into being. He succeeded Justice Jagdish Singh Khehar on 28 August 2017 and will remain in office till 2 October 2018, the day he retires on turning 65 years in age.
CJI Impeachment India pdf – CJI Impeachment Procedure,Law,Rules
In This Article You Will learn Following Things About Chief Justice Of India
- Who Is CJI of India
- Chief Justice of India Appointment
- Chief Justice Of India Role And Power
- Chief Justice of India Qualification And Eligibility
- Chief Justice Of India Tenure of Office
- Role of CJI
- Impeachment Of CJI
- CJI can Act President of India In Absence of president And vice President
Who Is CJI of India ?
- The present CJI is Justice Dipak Misra and is the 45th CJI since January 1950, the year the Constitution came into effect and the supreme court came into being.
- He succeeded Justice Jagdish Singh Khehar on 28 August 2017 and will remain in office till 2 October 2018, the day he retires on turning 65 years in age.
Appointment of the CJI
- Article 124 of the Indian Constitution gives the manner of appointment of judges to the Supreme Court.
- The President of India appoints the CJI after consultation with such judges of the Supreme Court and high courts as he deems necessary.
- By convention, the outgoing CJI recommends the name of the seniormost judge of the Supreme Court to the President of India, who then is appointed to the office of the CJI.
- He should be a citizen of India.
- He should have been for at least five years a Judge of a High Court or of two or more such courts in succession. OR
- He should have been for at least ten years an Advocate of a High Court or of two or more such courts in succession. OR
- He should be, in the opinion of the President, a distinguished jurist.
- This means that no minimum age has been prescribed for his appointment.
Tenure of office
- Once appointed, the CJI remains in office until he attains the age of 65 years.
- Article 124(4) deals with the procedure of his removal. He can be removed only by the process of impeachment by the Parliament i.e by the President on the recommendation of the Parliament. No judge of the Supreme Court has so far been impeached.
- He can also resign by writing to the President.
Role of CJI
- The CJI is the head of the Judiciary of India and the Supreme Court of India. It is the highest post that can be achieved by a judge in India.
- He allocates cases and appoints constitutional benches to deal with important cases of law.
- He also heads the administrative functions of the Supreme Court.
- Administrative Functions:
- He allocates matters to other judges of the SC.
- He maintains the roster.
- He appoints court officials.
- He also carries out other general functions relating to the SC.
What is the rule for impeachment of the Chief Justice of India?
“Article 124(4) of Constitution of India lays down the procedure for removal of a Judge of Supreme Court which is applicable to Chief Justice as well. Once appointed, the Chief Justice remains in office until the age of 65 years whichever is earlier.”
He can be removed only through a process of impeachment by Parliament as follows:
A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.
Article 124(4), Constitution of India.
Now Lets understand How Chief Justice Of India Impeached
How can Parliament impeach a judge, and a Chief Justice at that?
- Chief Justice of India can also be impeached provided the necessary steps as laid out in the Constitution are taken.
- This is not the first time impeachment has been mentioned in the same sentence as a sitting judge.
- Justice V. Rama swami was the first judge against whom impeachment proceedings were initiated.
- Now Next Target is CJI deepak Mishra .
Who gets this notice Related to Impeachment Of CJI and what should they do?
- The notice has to be handed over either to the Speaker if it is from Lok Sabha MPs or to the Chairman if it is Rajya Sabha MPs.
- The Chairman of the Rajya Sabha is the Vice President of India.
- If and when the motion is admitted, the Speaker or the Chairman will have to constitute a three-member committee to investigate the charges levelled against the Supreme Court judge.
- This committee will consist of a senior Supreme Court judge, the Chief Justice of a High Court judge and a ‘distinguished jurist’.
What Will be the Next Step in CJI Impeachment process ?
- The three-member committee will submit the report, and if the charges are confirmed it will be taken up for discussion in the House where it was introduced. In the House, it has to be discussed and passed with a special majority — not less than two-thirds.
- This means, in case of a full House seated, at least 364 Members should be have voted for the motion in the Lok Sabha, and 164 Members in the Rajya Sabha.
- This will then pass on to the other House where it has to be passed by special majority again.
- Once it passes both the Houses of Parliament, the President can be approached to remove the Chief Justice of India.
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