Friday, 13 July 2018

PROCESS OF REMOVAL OF SOME POSITIONS IN INDIA





Name of the position
Removed through
President of India
Impeachment (Article-61 deals with impeachment Procedure of President)
Vice-President Of India
Resolution of the Rajya Sabha passed by an absolute majority (ie, a majority of the total members of the House) and agreed to by the Lok Sabha.
Prime minister Of India
When he losses majority in Lok Sabha
        Judge of the Supreme Court
By an order of the president. The President can issue the removal order only after an address by Parliament has been presented to him in the same session for such removal. The address must be supported by a special majority of each House of Parliament (ie, a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting). The grounds of removal are two—proved misbehaviour or incapacity.
Governor
Pleasure of the President
          Judge of the High court
Judge of a high court can be removed from his office by an order of the President. The President can issue the removal order only after an address by the Parliament has been presented to him in the same session for such removal. The address must be supported by a special majority of each House of Parliament (i.e., a majority of the total membership of that House and majority of not less than two-thirds of the members of that House present and voting).  
Chief Election commissioner
Same manner and on the same grounds as a judge of the Supreme Court
    Chairman or any other member of UPSC
The president can remove the chairman or any other member of UPSC for misbehaviour. However, in this case, the president has to refer the matter to the Supreme Court for an enquiry. If the Supreme Court, after the enquiry upholds the cause of removal and advises so, the president can remove the chairman or a member. Under the provisions of the Constitution, the advice tendered by the Supreme Court in this regard is binding on the president
Chairman and members of the State public service Commission
They can be removed only by the president (and not by the governor). The president can remove them on the same grounds and in the same manner as he can remove a chairman or a member of the UPSC
Chairman and members of a JSPSC
By the president of India
Comptroller and Auditor General of India
On same grounds and in the same manner as a judge of the Supreme Court. In other words, he can be removed by the president on the basis of a resolution passed to that effect by both the Houses of Parliament with special majority, either on the ground of proved misbehaviour or incapacity.
Attorney General
Pleasure of the president
Advocate General for the State  
  Pleasure of the governor.








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