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october 1991

Supreme Court of India · 1991-10-29

SUB-COMMITTEE ON JUDICIAL ACCOUNTABILITY ETC. ETC. vs UNION OF INDIA AND ORS., ETC.

Citation / case number
SC 1991/80296
Court
Supreme Court of India
Petitioner
SUB-COMMITTEE ON JUDICIAL ACCOUNTABILITY ETC. ETC.
Respondent
UNION OF INDIA AND ORS., ETC.
Bench
RAY, B.C. ,SHARMA, L.M. ,VENKATACHALLIAH, M.N. ,VERMA, JAGDISH SARAN ,AGRAWAL, S.C.

Judgment text excerpt

The Supreme Court addressed the justiciability of the removal of a Supreme Court Judge under Articles 124(4) and (5) and the Judges (Inquiry) Act, 1968. It held that the motion for removal does not lapse upon the dissolution of the Lok Sabha, as the Act is a law made under Article 124(5) which excludes the doctrine of lapse. The Court also affirmed its jurisdiction to restrain a Judge from performing judicial functions during an inquiry, emphasizing the importance of judicial accountability and the separation of powers.

SUB-COMMITTEE ON JUDICIAL ACCOUNTABILITY ETC. ETC. vs UNION OF INDIA AND ORS., ETC. · Niyam