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  • National
    Impeachment of judge is a political decision: CJI

    New Delhi (PTI): The cumbersome procedure involved in impeachment of a judge cannot be substituted by a simple procedure, Chief Justice of India K G Balakrishnan said on Thursday.

    "Everyone knows it (removal of judge through impeachment) is a cumbersome process. It has to be decided by Parliament represented by political parties. Ultimately it (impeachment) is a political decision," the CJI said in an interaction with apex court legal correspondents.

    He said a judge should not be "thrown out" by a simple procedure and "that is why the procedure is cumbersome".

    "Too much simplification for impeachment is not good," Justice Balakrishnan said when his view was sought on the prevalent procedure which requires that for presenting an impeachment motion in Parliament there should be the support of 100 Lok Sabha MPs or 50 Rajya Sabha members, apart from the requirement that the motion should be passed by two-thirds majority.

    He said his personal opinion on impeachment does not matter as political leaders including the Prime Minister are accountable to the public. The procedure for impeachment was aimed at protecting the independence of judiciary, he said.

    The CJI also spoke about the recommendation he made for the impeachment of Justice Soumitra Sen of Calcutta High Court and said after an in-house inquiry judicial work was withdrawn from him.

    He was given an opportunity to resign, the CJI said adding that Justice Sen preferred not to do so.

    He said though at the appointment level some allegations are not known about a judge but there are checks and balances to keep the black sheep away from the judiciary.

    He refrained from making any comment on the cash-at-door scam in which a Punjab and Haryana High Court judge is allegedly involved. The matter is with the CBI.


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