Voice from the Rooftop

Blog of Vincent Augustine D'Souza

Impeachment and Removal

Nowadays there has been lot of talk impeachment of Justice Soumitra Sen. It is wrong to talk of impeachment of a High Court Judge. A High Court Judge is removed, not impeached.

The constitution of India provides for the impeachment of President and removal of Vice President, Deputy Chairman of the Council of States (Rajya Sabha), Speaker and Deputy Speaker of the House of the People (Lok Sabha), Comptroller and Auditor General of India, Chief Election Commissioner, Speaker and Deputy Speaker of Legislative Assembly, Chairman and Deputy Chairman of Legislative Council, Judges of Supreme Court and High Courts and members of Public Service Commissions. Attorney General and Governors hold office during the pleasure of the President. Advocate General holds office during the pleasure of the Governor.

Only the President can be impeached, others can be removed or dismissed.

Soumitra Sen would have been the first judge to be removed by Parliament. Rajya Sabha had voted for his removal. After a few days he resigned. There was difference of opinion on whether the process of removal should continue. His first resignation was rejected as it was conditional. The President accepted his second resignation. The Speaker of Lok Sabha held an all-party meeting and decided not to proceed with the process of removal. May be Soumitra Sen would have lost his pension if he had been removed and not resigned.

2 Comments

Add a Comment
  1. Its not true ..other than president can be impeached also including judges…ofcourse governer of any state is out of this.

  2. Read the constitution. The word impeachment refers only to president
    (Article 61). In other cases it is removal of pleasure of president/governor.

Leave a Reply

Your email address will not be published. Required fields are marked *

Voice from the Rooftop | Vincent Augustine D'Souza © 2005-2016 Frontier Theme