Explain when and how the Judges can be removed from office

A Judge of a High Court shall hold office until they attain the age of sixty-two or they themselves resign their office. Neither an additional nor an acting Judge can hold office beyond the age of sixty-two years. when and how the Judges can be removed from office is explained below

When and how the Judges can be removed from office

A Judge of High Court cannot be removed from office except by an order of the president on the ground of proved misbehaviour or incapacity. Such an order is 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 2/3rd of the members of the House present and voting for such removal.

Retirement, Removal and Transfer of Judges

  • A judge of a High Court remains in office till the age of 62 years.
  • A judge of a High Court after his retirement can practice only in the Supreme Court or in High Courts where he has not served as a judge.
  • He can resign from his office by writing to the President.
  • To ensure independence of the judiciary, a judge of the Supreme Court can be removed by the President by the process of impeachment on the basis of proven misbehaviour and incapacity.
  • During the process of impeachment, an address to both Houses of the Parliament is made by the President which should be supported and passed by two-thirds majority of the House.
  • Justice Soumitra Sen of the Kolkata High Court was the first judge in India who was tried for impeachment. The process of impeachment was passed against him in the Rajya Sabha. Before it could be again passed by the Lok Sabha, he resigned from his post.
  • The President can transfer any of the judges of the High Court if any of the following condition is fulfilled:
    • Judges of the High Court can be transferred after consulting the Chief Justice of India.
    • The Chief Justice of India may recommend the transfer of judges after consulting four senior-most judges of the Supreme Court.
    • After being transferred, a judge is entitled to compensatory allowances in addition to his salary.


The Supreme Court

The Supreme Court is the head of the Indian judiciary and supervises the functions of the lower courts. A single civil and criminal system of laws operates all over the country. By the way of appeal, cases from the High Court may be taken to the Supreme Court. Read more

The High Courts and Subordinate Courts

The Constitution of India has provided for a High Court for each state. However, there may be one High Court for two states or union territories. This depends on the area and the population of the state or union territory. There are 21 High Courts in India. Delhi is the only union territory that has a High Court of its own. Read more

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