IMPEACHMENT OF A JUDGE

Made By: Rohan Muzumdar Roll no. 41

INDEX Sr No.
1) 2) 3) 4) 5) 6) 7)

Topic
Procedure of Impeachment Impeachment of Soumitra Sen Facts of the Case Articles Relating to Impeachment Conclusion Acknowledgement Bibliography

PROCEDURE OF IMPEACHMENT:
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment.

A member of the higher judiciary, which means the Judges and Chief Justices of the Supreme Court of India and the state High Courts, can be removed from service only through the process of impeachment under Article 124 (4) of the Constitution on grounds of proven misbehaviour or incapacity. In India, there is no other process by which a Judge can be removed from office before his term comes to an end. However, the process is very cumbersome.

Impeachment of judges can only be done on grounds of 'proven misbehavior' and 'incapacity'. if a judge of SC is to be impeached, recommendation must be made by the chief justice of India to the President. if it is accepted then a proposal for impeachment must be introduced by atleast 100 MPs in Lok sabha or 50 MPs in Rajya sabha. the concerned judge is to be given a copy of the proposal before the discussion takes place in the Parliament. the motion should be passed by a majority of two-thirds of the members present and voting ,seperately in each house. if the motion is passed, the formal announcement of removal is made by the president.

After the debate ends and the Judge has been heard, if the House decides to put the motion to vote, the resolution has to be passed by two-thirds majority in both Houses in the same session. The resolution is then sent to the President, who orders removal of the Judge.

IMPEACHMENT OF SOUMITRA SEN

Justice Soumitra Sen of the Calcutta high court on Thursday earned the dubious distinction of becoming the first judge in Indias history against whom an impeachment motion was passed in the Rajya Sabha. Sen was charged with misappropriation of R33 lakh of public funds, which he held in his capacity as a court-appointed receiver, when he was a lawyer in 1984.

In a rare display of political unity, 189 MPs of the 206 present in the 243member House voted to impeach Sen. the Bahujan Samaj Party (BSP) was the only party to oppose the motion to remove the judge

Leader of the opposition Arun Jaitley, who had punctured Sens defence after the judge said he was being made a sacrificial lamb in the season on scams, said Sen had lied consistently before different courts and the enquiry committee appointed by the Rajya Sabha chairman.

On Thursday, veteran lawyer and former law minister Ram Jethmalani led the attack against Sen. This man did not deserve to be a judge. The charges against him were so serious that they would have attracted at least a five-year jail term under criminal law. He is lucky to have escaped only by impeachment, he said.

The CPI-Ms Sitaram Yechury said, It is a shut case. We are rising to the occasion, keeping in mind the waves of protests across the country against corruption. The scene now shifts to the Lok Sabha. If two-thirds of its members present vote for the motion, Sen will be removed by the President.

FACTS

ARTICLES RELATING TO IMPEACHMENT:

Article I, Section 2, Clause 5

"The House of Representatives...shall have the sole Power of Impeachment."

Article I, Section 3, Clauses 6 and 7

"The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

"Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law."

Article II, Section 2, Clause 1

"The President...shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment."

Article II, Section 4, Clause 1

"The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanours."

Article III, Section 2, Clause 3

"The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury"

CONCLUSION:
The impeachment process is levied on the official who is unable to do his or her work properly or who had done the unconstitutional work which harms the country.

The impeachment is the process to stop the corruption in the higher level officials and to remove them from their offices because as we had studied we were came to know that by impeachment only the higher level officer is removed from the office.

ACKNOWLEDGEMENT:

I would really like to thank my Business Law professor Ms Avisha Mehta for giving us such a topic for our project. It has really enhanced my knowledge on the impeachment process and has made me aware on the different ways and reasons a judge can be impeached.

BIBLIOGRAPHY:
www.wikipedia.com http://www.lawyersclubindia.com www.timesofindia.indiatimes.com