Year : 1968
:THE JUDGES (INQUIRY) ACT, 1968.ACT NO. 51 OF 1968.[5th December, 1968.]
An Act to regulate the procedure for the investigation and proof of the misbehaviour or incapacity of a judge of the Supreme Court or of a High Court and for the presentation of an address by Parliament to the President and for matter-, connected therewith.
Be it enacted by Parliament in the Nineteenth Year of the
Republic of India as follows:-
1.Short title and Commencement.
1. (1)Short title and Commencement. This Act may be called the
Judges (Inquiry) Act, 1968. (2) It shall come into, force on such date as the Central Government may, by notification in the Official
2. Definitions. In this Act, unless the context otherwise requires,-
(a) "Chairman" means the Chairman of the Council of
(b) "Committee" means a Committee constituted under section 3 ;
(c) "Judge" means a Judge of the Supreme Court or of a
High Court and includes the Chief Justice of India and the Chief Justice of a High Court ;
(d)"prescribed" means prescribed by rules made under this Act ;
(e) "Speaker" means the Speaker of the House of the
3.Investigation into misbehaviour or incapacity of Judge by Committee.
3. (1)Investigation into misbehaviour or incapacity of Judge by
Committee. If notice is given of a motion for presenting an address to the President praying for the removal of a Judge signed,-
(a) in the case of a notice given in the House of the
People, by not less than one hundred members of that House;
(b) in the case of a notice given in the Council of States, by not less than fifty members of that Council;
then, the Speaker or, as the case may be, the Chairman may, after consulting such persons,, if any, as he thinks fit and after considering such materials, if any, as may be available to him, either admit the motion or refuse to admit the same.
1 1-1-1969: vide Notifn. No. GSR 35, dated 1-1-1969, Gazette of India, Exty., Pt. II, sec. 3(i). p. 5.
(2) It the motion referred to in sub-section (1) is admitted, the Speaker or, as the case may be, the Chairman shall keep the motion pending and constitute, as soon as may be, for the purpose of making an investigation into the grounds on which the removal of a Judge is prayed for, a Committee consisting of three members of whom-
(a) one shall be chosen from among the Chief Justice and other Judges of the Supreme Court ;
(b) one shall be chosen from among the Chief Justices of the High Courts; and
(c) one shall be a person who is, in the opinion of the Speaker or, as the case may be, the Chairman, a distinguished jurist:
Provided that where notices of a motion referred to in sub-section (1) are given on the same day in both Houses of Parliament, no
Committee shall be constituted unless the motion has been admitted in both Houses and where such motion has been admitted in both Houses, the Committee shall be constituted jointly by the Speaker and the
Provided further that where notices of a motion as aforesaid are given in the Houses of Parliament on different dates, the notice which is given later shall stand rejected.
(3) The Committee shall frame definite charges against the Judge on the basis of which the investigation is proposed to be held.
(4) Such charges together with a statement of the grounds on which each such charge is based shall be communicated to the Judge and he shall be given a reasonable opportunity of presenting a written statement of defence within such time as may be specified in this behalf by the Committee.
(5) Where it is alleged that the Judge is unable to discharge the duties of his office efficiently due to any physical or mental incapacity and the allegation is denied, the Committee may arrange for the medical examination of the Judge by such Medical Board as may be appointed for the purpose by the Speaker or, as the case may be, the
Chairman or, where the Committee is constituted jointly by the Speaker and the Chairman, by both of them, for the purpose and the Judge shall submit himself to such medical examination within the time specified in this behalf by the Committee.
61.(6)The Medical Board shall undertake such medical examination of the Judge as may be considered necessary and submit a report to the
Committee stating therein whether the incapacity is such as to render the Judge unfit to continue in office.
(7) If the Judge refuses to undergo medical examination considered necessary by the Medical Board, the Board shall submit a report to the Committee stating therein the examination which the
Judge has refused to undergo, and the Committee may, on receipt of such report, presume that the Judge suffers from such physical or mental incapacity as is alleged in the motion referred to in sub-section (1).
(8) The Committee may, after considering the written statement of the Judge and the medical report, if any, amend the charges framed under sub-section (3) and in such a case, the Judge shall be given a reasonable opportunity of presenting a fresh written statement of defence.
(9) The Central Government may, if required by the Speaker or the Chairman, or both, as the case may be, appoint an advocate to conduct the case against the Judge.