← 10 September 2026's Current Affairs · Polity GA Prelims ★★★☆☆ Mains ★★★☆☆
Case against a High Court judge revives debate on removing errant judges
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Case against a High Court judge revives debate on removing errant judges
A case against a High Court judge has revived debate on judicial accountability, reaffirming that only parliamentary impeachment, not an in-house inquiry, can remove a sitting judge.
Why it matters: general awareness
What you need to know
2 min read
A case involving a sitting High Court judge has revived debate on the mechanisms available in India to hold judges accountable while preserving judicial independence.
Under Articles 124(4) and 218 of the Constitution, a High Court or Supreme Court judge can be removed only through impeachment by Parliament for proved misbehaviour or incapacity, requiring a special majority in both Houses.
An in-house inquiry conducted by fellow judges is often used first to examine such allegations, but such a committee can only recommend action, not remove a judge itself.
Sources: Topper IAS editorial (PIB / The Hindu / Indian Express)
Key facts
Remember these
- judicial accountability
- impeachment of judges
- in-house procedure
- Article 124
Prelims · Mains
How the exam will ask it
Prelims
- judicial accountability, impeachment of judges, in-house procedure, Article 124
Mains
Use as an example in GA answers (GS2 - Polity: removal of judges, judicial accountability).
Quick recall
Answer before you reveal
With reference to the removal of a sitting High Court or Supreme Court judge in India, consider the following statements:
- An in-house inquiry committee of judges can, on its own authority, formally remove an errant judge from office.
- A High Court or Supreme Court judge can be removed from office directly by the President, on the Chief Justice's recommendation, without any parliamentary process.
Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
Answer: D — Both statements are incorrect. An in-house inquiry committee can only recommend action such as resignation; it cannot itself remove a judge. Removal requires impeachment by Parliament under Articles 124(4) and 218, with a special majority in both Houses - the President cannot remove a judge merely on the Chief Justice's recommendation.
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