SUB-COMMITIEE ON JUDICIAL ACCOUNTABILITY ETC. ETC. versus UNION OF INDIA AND ORS., ETC.

Citation: [1991] SUPP. 2 S.C.R. 1 · Decided: 29-10-1991 · Supreme Court of India · Bench: B.C. RAY · Disposal: Disposed off

cites 7 · see the full citation network in Lexace

Judgment (excerpt)

SUB-COMMITIEE ON JUDICIAL ACCOUNT ABILITY ETC. ETC. 
A 
v . 
. ,, 
--,__ 
UNION OF INDIA AND ORS., ETC. 
' ""' 
OCTOBER 29, 1991 
[B.C. RAY, L.M. SHARMA, M.N. VENKATACHALIAH, 
B 
J.S. VERMA AND S.C. AGRAWAL, JJ.] 
I 
Constitution of India. 1950: 
j 
~ 
Articles 124(4) and (5) and 118-Removal of Judge of Supreme c 
Court-Motion for presenting an Address to President and decision of 
Speaker of Lok Sabha to. admit the motion and constittl(e a committee 
under Judges (Inquiry) Act for investigation and proof of gro~nds-Whether 
lapses on dissolution of the Lok Sabha-Whether Judges (Inquiry) Act 
being law under Article 124(5) excludes operation of doctrine of lapse 
and also rules framed under Article 118-Whether Articles 124(5) and D 
J. 
118 operate in different fields-Question whether the motion lapsed or 
not on the dissolution of Lok Sabha-Justiciability of 
Artidles 124(4) and (5) and 121-Scope and interpretation of-Removal 
of Judge of Supreme Court-Whether Justiciable-Enactment of law un-
der Article 124(5) for regulating procedure for investigation and proof of E 
misbehaviour or incapacity of Judges-Whether mandatory-Word 'may'-
When to be construed as 'shall'. 
Articles 124(4) and (5) and 32--Removal of Judge of Supreme Court 
" 
--Apart from constitutional process, whether Supreme Court has jurisdic-
=\ 
ti on to. enquire into alleged misbehaviour or incapacity and restrain the 
F 
concerned Judge from exercising judicial functions-Whether it can give 
legal directive to Chief Justice of India not to allot any judicial work to 
the concerned Judge-Judge facing enquiry, continuing to discharge judi-
cial jimctions-Propriety of 
'( 
Article 32 -Public Interest Litigation-Inquiry Committee consti-
G 
tuted by the Speaker of Lok Sabha under Judges (Inquiry) Act to investi-
gate into the alleged misconduct of Judge of Supreme Court-Writ Peti-
~ 
tions seeking directions to Union Government to enable the Committee to 
' 
discharge its functions under the Act and to restrain the Judge from 
performing judicial fanctions during pendency of proceedings before the 
Committee-Maintainability of-Locus standi of Sub-committee on Judi-
H 
2 
SUPREME COURT REPORTS 
[1991] SUPP. 2 S.C.R. 
A 
cial Accountability and Supreme Court Bar Association to sue-Whether 
'CoArt could refuse to interfere on grounds of infructuousness, propriety 
O/ld futility-Declaration of legal and Constitutional position-Duty of 
Court--Different organs of State to consider matters within the orbit of 
their respective jurisdictions and powers. 
B 
Judges (Inquiry) Act, 1968: 
Constitutional validity of 
Sections 3 and 6---Removal of Judge-Motion for presenting an 
address to President admitted and Committee constituted by the Speaker 
C 
of Lok Sabha to investigate into charges of misconduct-Whether lapses 
on dissolution of the House-Whether the Act, being law made under 
Article 124(5) of Constitution, excludes doctrine of lapse and also rules of 
procedure for the Lok Sabha framed under Article 118-Action of Speaker 
-Whether vitiated on grounds of denial of notice and pre-decisional 
opportunity of hearing to concerned Judge and Speaker's political affilia-
D 
tion --Doctrine of statutory exceptions or necessity-Applicability of 
Constitutional Law: 
Separation of Powers under federal set-up-Court-Interpreter of 
limits of authority of different organs of State-Judicial review-Incidental 
· E 
to and flowing from concept of written Constitution, the fundemental imd 
higher law. 
F 
G 
H 
Interpretation of Constitution: 
Constructions which strengthen the fundamental feature of the Con-
stitution to be adoi ted-Rule of /aw-Whether a basic feature-Independence 
of Judicia~Whether essential attribute of Rule of Law. 
Aids to Construction-Constituent Assembly debates-Whether could 
be relied upon-Comparative Study of Constitution of other Countries-
whether afford proper perspective--Resort to historical background-
Whether permissible. 
Administrative Law-Natural Justice-Motion for removal of a Judge 
under Judges (Inquiry) Act-Speaker deciding to admit the motion and 
constituting a Committee to enquire into allegations of misbehaviour-
Whether Judge concerned entitled to pre-decisional opportunity of 
hearing. 
SUB-COMMITTEE ON JUDICIAL ACCOUNTABILITY v U.O.I. 
3 
Practice and Procedure: 
A 
,_ 
Removal of a Judge-Cor!ftitutional.process pending-Conduct of 
.... 
members of the bar-Propriety 'required that the Judge should not be 
embarrassed ev

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