The Removal Of Judges In India: Reform, Retain, Or Reimagine?
- IJLLR Journal
- Jul 8
- 2 min read
Adan Fatima, Jamia Millia Islamia
ABSTRACT
The concept of checks and balances was carefully built into the Indian Constitution by its framers to prevent the concentration of power in any one organ of the state. This system ensures that the three pillars of democracy— the executive, the legislature, and the judiciary—function within their own domains, without encroaching upon each other’s authority. It's a mechanism designed to uphold democratic integrity and maintain a healthy equilibrium among the wings of the government. If even one of these checks is weakened or removed, it sets off a chain reaction kind of domino effect which disrupts the balance and potentially leads to misuse of power or institutional overreach. In such a scenario, the very foundation of accountable governance can start to erode. In any true democracy, the presence of an independent and unbiased judiciary is essential to uphold the rule of law. It forms the very foundation for protecting the fundamental rights and freedoms guaranteed by the Constitution. If judges of the Supreme Court or High Courts could be removed without proper procedure or safeguards, it would severely compromise judicial independence and open the door for executive interference. To prevent this, the Constitution deliberately makes the process of removing a judge a rigorous and carefully controlled one. The process of removing judges in India is notably stringent, and over the years, the limited number of successful attempts has highlighted just how challenging it truly is. Article 124 of the Indian Constitution lays down the procedure for such removal. This rigid framework is rooted in the principle of ‘guarding the guardians’ which ensures that the independence of the judiciary is not compromised. However, the recent controversy involving a Delhi High Court judge has reignited debate around this mechanism, raising an important question: has the judicial removal process in India become practically redundant?
