Article 124 of the Indian Constitution deals with the establishment and constitution of the Supreme Court of India, including the appointment and removal of Judges. While clause (4) of Article 124 lays down the substantive grounds and the authority for the removal of a Supreme Court Judge (misbehaviour or incapacity, proved and passed by Parliament with a special majority, and ordered by the President), clause (5) empowers Parliament to legislate on the procedural aspects necessary to operationalize clause (4).
This specific clause delegates the crucial task of defining the step-by-step process for the presentation of the parliamentary address and the detailed mechanism for investigating and proving the alleged misbehaviour or incapacity of a Judge. It recognizes that the Constitution itself cannot lay down every minute procedural detail and vests this power in the legislative body, Parliament, to frame appropriate laws for this solemn and significant process.
Original Text
(5) Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of a Judge under clause (4).
Detailed Explanation
Article 124(5) serves as an enabling provision, granting Parliament the authority to enact legislation that governs the procedure for removing a Supreme Court Judge as stipulated in Article 124(4). It focuses purely on the procedural framework required to implement the removal process. The key aspects regulated by such a law would be:
- Procedure for Presentation of an Address: Article 124(4) requires an address by Parliament, supported by a special majority in each House, to be presented to the President for the removal of a Judge. Article 124(5) allows Parliament to define how this address is initiated, debated, and presented to the President. This would include details like the number of members required to sign a motion, the process within each House, etc.
- Procedure for Investigation and Proof: The grounds for removal under Article 124(4) are “proved misbehaviour or incapacity.” Article 124(5) authorizes Parliament to lay down the mechanism for investigating these allegations and establishing proof. This is a critical part of the process, ensuring that the grounds are not merely alleged but are properly inquired into and substantiated according to a fair procedure.
Essentially, while Article 124(4) sets the standard (“proved misbehaviour or incapacity”) and the method (parliamentary address and Presidential order), Article 124(5) allows Parliament to prescribe the rules of the game for reaching the stage where misbehaviour or incapacity is considered “proved” and for formulating and presenting the necessary parliamentary address. This power was exercised by Parliament through the enactment of The Judges (Inquiry) Act, 1968.
Detailed Notes
- Article 124(5) is an enabling clause granting legislative power to Parliament.
- It is directly linked to the process of removal of a Supreme Court Judge specified in Article 124(4).
- The power conferred is to regulate the procedure for removal, not the grounds for removal.
- The procedural aspects Parliament can regulate include:
- The manner in which the parliamentary address for removal is initiated and presented.
- The method for investigating allegations of misbehaviour or incapacity against a Judge.
- The rules and standards for proving such misbehaviour or incapacity.
- This article forms the basis for the enactment of a specific law by Parliament governing the removal procedure.
- The law enacted under this power is The Judges (Inquiry) Act, 1968.
- The procedure laid down by the law enacted under this Article also applies to the removal of High Court Judges, as per Article 218.
- This provision ensures that the solemn process of removing a Judge is conducted according to a defined, legal framework established by the legislature.
Additional Comments
- The Judges (Inquiry) Act, 1968, is the primary legislation enacted by Parliament under the power granted by Article 124(5). This Act details the procedure, including the requirement for a motion signed by a minimum number of MPs, the formation of a three-member inquiry committee (consisting of a Supreme Court Judge, a High Court Chief Justice, and a distinguished jurist) to investigate the charges, and the subsequent process in Parliament based on the committee’s findings.
- This removal procedure, often referred to as impeachment, is designed to be stringent and complex, serving as a safeguard for judicial independence while also providing a mechanism for accountability in cases of proven misconduct or incapacity.
- No Supreme Court Judge has been removed using this procedure yet, although inquiry proceedings have been initiated against a few Judges based on motions in Parliament.
- The power under Article 124(5) is crucial for bridging the gap between the constitutional provision for removal and its practical execution.
Summary
Article 124(5) of the Indian Constitution empowers Parliament to enact laws regulating the procedure for the removal of Supreme Court Judges. This includes setting down the process for presenting the parliamentary address required under Article 124(4) and establishing the mechanism for investigating and proving the alleged misbehaviour or incapacity of a Judge. This legislative power, exercised through laws like The Judges (Inquiry) Act, 1968, provides the detailed framework necessary to implement the constitutional provision for judicial removal based on specified grounds.