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Renewed scrutiny of in-house procedure for judicial misconduct

14 September 2026 · ⏱ 2 મિનિટ · GS Paper 2 - Polity / Judiciary

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સમાચારમાં કેમ?

Article 124(4): the judge-removal route UPSC has asked about four times

Allegations against a High Court judge have drawn attention to the constitutional removal process and the judiciary's in-house inquiry procedure.

Why it matters: GS-2 core

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What you need to know

2 મિનિટ

Allegations against a sitting High Court judge have renewed attention on how the judiciary handles complaints of misconduct against its own members.

A sitting High Court or Supreme Court judge can be removed from office only through a motion passed by a special majority in both Houses of Parliament under Article 124(4), read with Article 218 of the Constitution.

Short of removal, the Supreme Court's "in-house procedure" allows a committee of judges to inquire into complaints and recommend steps such as asking the judge concerned to resign.

સ્રોત: Topper IAS editorial (PIB / The Hindu / Indian Express)

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મુખ્ય તથ્યો

Remember these

  • A sitting High Court/Supreme Court judge can be removed only via a motion passed by special majority in both Houses of Parliament.
  • The removal process rests on Article 124(4), read with Article 218 of the Constitution.
  • The Supreme Court's in-house procedure lets a committee of judges inquire into misconduct complaints.
  • The in-house committee can only recommend steps like asking the judge to resign; it cannot itself remove a judge.
  • Recent allegations against a sitting High Court judge have renewed attention on this process.
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પ્રિલિમ્સ · મેઇન્સ

How the exam will ask it

પ્રિલિમ્સ

  • A sitting High Court judge can be removed from office only through a motion passed by a special majority in both Houses of Parliament.
  • The Supreme Court's in-house procedure allows a committee of judges to recommend that a judge resign, but such a recommendation cannot by itself remove the judge from office.

મેઇન્સ

GS Paper 2 - Polity/Judiciary: allegations of misconduct against sitting judges expose the gap between the constitutional removal process under Article 124(4)/218 and the non-statutory in-house procedure, which can only recommend resignation. This raises implications for judicial accountability and independence, and points to the way forward through calls for a statutory, transparent mechanism such as a Judicial Standards and Accountability framework.

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Quick recall

Answer before you reveal

With reference to judicial accountability in India, consider the following statements:

  1. A sitting High Court judge can be removed from office only through a motion passed by a special majority in both Houses of Parliament.
  2. The Supreme Court's in-house procedure allows a committee of judges to recommend that a judge resign, but such a recommendation cannot by itself remove the judge from office.

Which of the statements given above is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2
જવાબ જુઓ

જવાબ: C — Removal of a High Court judge requires a special-majority motion in Parliament under Article 124(4)/Article 218; short of that, the in-house procedure can only recommend resignation, not remove a judge.

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