08 August 2025: The Hindu Editorial
1. SC Upholds Parliament’s Primacy in Judge Removal Process
Source -Page 1, The Hindu (Delhi Edition)
Topic: GS2 – Polity & Governance |
Context |
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Content:
Judgement Highlights:
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Parliament retains unfettered discretion to act or not act on an in-house inquiry’s recommendation regarding a judge’s misconduct.
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The in-house procedure is meant for internal discipline; it cannot override constitutional provisions.
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Removal of judges follows Article 124(4) and Article 217(1)(b) of the Constitution.
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Significance:
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Strengthens separation of powers by reaffirming legislative supremacy in impeachment.
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Prevents the judiciary from unilaterally removing judges.
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Concerns:
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Risk of politicisation of judicial removals.
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Possible delay in action despite proof of misconduct.
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Way Forward:
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Calls for a balanced mechanism combining independence with accountability.
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Practice Question: “The Supreme Court has upheld Parliament’s primacy in the removal of judges. Discuss how this ruling impacts the balance between judicial independence and accountability in India.” |
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