Question

Should voters be able to use the power of recall to remove judges for unpopular (though legal) decisions that violate the public's sense of justice? Explain. Think about cases that may come along that might be unpopular.

Answer 1

NO, the common voter be able to use the power to recall of remove Judges as there is no provision for common voter for this act &Whole of the constitution has to be ammended which is not at all posible, Many legal procedures had to be follwed. Ihave mentioned the consitution versions as per the consitution of India.

REMOVAL OF SUPREME COURT JUDGES: Impeachment -Recalling a judge is not easy areality reflected by its rarity in the electoral process While the judiciary has the power for the appoitments of judges, The power to remove of judges from their office rest with the PRESIDENT, who can only do soafter receiving supported request from parliament.

The Supreme court has formulated an in-house procedure for the complaints against the judges of high or supreme court. The Chief justice of India CJI provides for inquuries to be set up. The CJI can recmmed the removal of the judge to the PRESIDENT , but this is not a necessary prerequisite for the impeachment

The process of impeachment is described in Article 124(4) of the constitution and judges ( Inquiry) Act 1968. Ajudge can be removed on the ground of " proved misbehavior or in capacity" Neither misbehaved nor incapacity are defined , but would include any criminal activity or other judicial impropriety. The steps are as follows which state that:

1( 1) AN impeachment motion against the judge needs to raised in either of the housesof parliment. The motion can only be raised in either of the houses of parliament. The motion can only be admitted by the speaker in Lok Sabha or Chairperson. in Rsjya sabha if it has the required levels of support : 100 Mps in Lok Sabha or 50 MPs in Rajya Sabha.

2(2) If the motion is admitted , athree - member committee is set up to investigate the allegations.The committee is made up of a supreme court judge , the Chief Justice of any High Court and a dis tinguished jurist nominated by the Speaker / Vice- President.

3( 3) Once the committee prepares its report , this has to be submitted to the Speaker /Vice -President, who then aslo share it with other house

4(4) Both Houses of Parliament then needs to pass an address to the President asking for the judge to be removed . To Succeed, this needs to be passed by 2/3 majority of the MPs present ineach house during the vote , and must also exceed the 50 percent mark in each house.

5(5) If both addresses succeed, then the President can remove the Judge from his positon by Presidential Order.

Till date no Judge has ever been removed from office by the way of the impeachment process in India, whether of the high courts or Supreme courts.