Understanding Judicial Training, Retirement, and Removal of Judges: A Simplified Explanation with MCQ Test

 Understanding the functioning of the judiciary and the processes involved in the training, retirement, and removal of judges is crucial for every citizen. In this blog post, we'll delve into the basics of judicial training, retirement age criteria, and the impeachment process for judges in India.

Understanding Judicial Training, Retirement, and Removal of Judges

Judicial Training

National Judicial Academy 

➡ for the training of Supreme and High Court judges and judicial officers in India. 

➡founded in 1993 and is located in Bhopal, with a registered office in NewDelhi. 

➡ Suggesting judicial reforms and providing research support 

National Judicial Education Strategy

➡(NJES) was established in 2006 to provide judicial education to High Court judges, District Judiciary and State Judicial Academies. 

➡conferences, orientations, workshops on core judicial skills and administration 

➡also aims at enhancing the online skills registry of Indian judges 

Retirement of Judges

➡Supreme Court judge retirement is 65 years. 

➡ High Court judge retirement -62 years. 

➡ District Court judges retirement age -determined by State govt 

Debate on to increase the retirement age of judges

➡a pending bill in the Parliament (114th Amendment Bill, 2010) proposes to increase the retirement age of High Court judges from

62 to 65. 

➡Venkatachalliah Committee (2000) suggested to increase the retirement age of Supreme Court judges from 65 to 68. 

Global comparison between retirement age of judges 

➡There is no retirement age for Supreme Court judges in the United States. 

➡In the High Court of Australia, the retirement age is 70. 

➡The Supreme Court of Canada has fixed the retirement age of their judges as 75. 

➡Similarly in the UK Supreme Court, the retirement age is 75, ➡Constitutional Court of South-Africa follows the age of 70 or after 12 years of the service 

Removal of Judges

➡ Judges of the Supreme Court and the High Courts can be removed through a process called as 'impeachment'. 

➡The process for removal of the judges is exactly the same for both the Supreme Court and the High Courts.  

➡As a part of the process of impeachment, an inquiry is made into the grounds of removal of the judges. 

Grounds of removal of the judges. 

The grounds for removal include: 

(i) proven misbehaviour or

(ii) incapacity. 

Enquiry committee 

➡The inquiry into these grounds is made under the Judges Inquiry Act,1986. 

➡This inquiry is done by a committee of three members, of which two are judges -one from the Supreme Court and second is the Chief Justice of High Court. 

➡If the complaint is against the high court judge, then two judges from the Supreme Court constitute this Committee.

➡ Based on the findings, the recommendation to impeach the judge has to be made by the Chief Justice of India to the President of India. 

Proposal of impeachment 

➡when the recommendation to impeach the judge has to be made by the Chief Justice of India to the President of India is accepted , 

➡the proposal of impeachment must be introduced in the Parliament for discussion by 100 MPs in Lok

Sabha or 50 MPs in Rajya Sabha. 

➡The copy of the proposal is given to the concerned judge before the proceeding starts in the Parliament of India.

Impeachment process in the Parliament

 ➡The impeachment process in the Parliament is governed under Article 124(4) of the Constitution.

➡ Under this scheme, the motion of impeachment has to be passed by the two-third majority members present and voting must be done separately in the each house of the Parliament. 

Announcement of Removal of judge

➡If the motion of removal of judge is passed in parliament, then the formal announcement is done by the President of India. 

Important facts about Impeachment of judges in India

 ➡ In the history of Indian judiciary, this process has been successful only once. 

➡Justice Soumitra Sen, the Chief Justice of Calcutta High Court was impeached in 2011 for misappropriation of funds. 

➡Previously in 1991, the impeachment process was initiated against Justice V Ramaswamy, Chief Justice of Punjab and Haryana High Court but did not succeed on falling short of the two-thirds voting criteria.

Removal of judges in the lower judiciary

 ➡As to the removal of judges in the lower judiciary, a District Judge or an Additional District Judge can be removed from his office by the State Government in consultation with the High Court.

Conclusion

Balancing judicial training, retirement norms, and removal procedures is essential for maintaining an efficient and accountable judiciary. India should consider global practices while addressing its unique challenges

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