Removing Judges: A Strong Law Undermined by a Critical Loophole
India’s Constitution provides a strict process to remove judges of the higher courts to protect judicial independence. Judges can be removed only for proved misbehaviour or incapacity through a special procedure involving Parliament. This high standard ensures that judges are not removed for political reasons or minor disagreements.
However, this strong law has a serious loophole. Even when allegations are serious and a detailed inquiry is started, the process can fail if the judge resigns before Parliament votes on removal. Once a judge resigns, the removal process ends, and Parliament cannot continue the case. This means the judge avoids formal removal and its consequences.
As a result, despite evidence of wrongdoing, the system may not deliver full accountability. While the law rightly protects judges from misuse of power by the government, it also allows some judges to escape responsibility. Experts say reforms are needed to close this gap and strengthen public trust in the judiciary.
