Justice V. Ramaswami removal motion
Topic: Judiciary: Independence, Structure, Judicial Review and Activism · NCERT: Class 11, Ch 6 "Judiciary"
Meaning
This was the first removal proceeding against a Supreme Court judge under Art. 124(4). To remove a judge, each House of Parliament must vote for removal by a majority of its total membership and by two-thirds of the members present and voting. The case shows how hard it is to remove a judge, and how party politics can block removal.
Example
In 1991, 108 MPs signed a notice against Justice V. Ramaswami. In 1992 the Sawant inquiry committee found "wilful and gross misuse of office". In the Lok Sabha vote of May 1993, the motion got two-thirds of those voting. But it failed the total-membership test because the Congress abstained. To this day, no judge in India has ever been removed.
Don't confuse with
- Soumitra Sen case: in August 2011 the Rajya Sabha passed a motion to remove Justice Soumitra Sen, but he resigned before the Lok Sabha voted. The Ramaswami motion failed in the Lok Sabha itself.