CONSTI2 mod 1-8

Question 1

president of india article

Answer 1

Article 52 - there shall be a president of india
article 58- qualifications for president =
-is a citizen of India;
-has completed the age of thirty-five years;
-is qualified for election as a member of the House of the People.
-A person can be disqualified for election as President if he holds any office of profit under the Union of India or;
the Government of any State or; under any local or other authority subject to the control of any Government of India.

Article 59-
The President cannot be a member of either House of Parliament or of any other House of the Legislature of any State.

The President shall not hold any other office of profit.
The President shall be authorized to the use of his official residences without rent.
He shall be also authorized to emoluments, allowances, and privileges determined by Parliament.

Article 54 of the Constitution. It deals with provisions relating to the election of the President. It says that the President must be elected by the members of an electoral college.
art 56 term of president to be 5 yrs unless- new presendent, resignation in writing, impeachment

any disputes regarding election of president to be dealt with supreme court

Question 2

process of impeachment

Answer 2

The President of India can be impeached under Article 61, for the violation of the Constitution, on the basis of charges preferred by either House of Parliament.
-A resolution with the proposal to prefer such charges must be signed by at least one-fourth of the total members of the house. The resolution also needs to be passed by at least two-thirds majority of the house.

When the resolution is passed by one of the Houses, the other House must investigate the charges. The President has been granted the right to be present or to be represented in such investigations.

When the House investigating the charges passes the resolution by a two-thirds majority and declares the charges as sustaining, it results in removing the President from his office from the date of passing of the resolution.

Question 3

article 361 priviledge of president

Answer 3

art 361- protects presi and gives immunity
For exercise and performance of his powers and duties of his office;
For doing any act or claimed of doing any act in the exercise of those powers and duties;
all types of criminal charges

The conduct of the President can be reviewed only if either House of Parliament designates or appoints any court tribunal or any other body to investigate the charges under Article 61.

civil proceedings can be filed if its proven it was done in his personal capacity

Question 4

powers of president

Answer 4

article 53-
appt of high authroities, sc and hc judges state govners, atourney general auditor gen. members of election comission etc

+ MILITARY POWERS and diplomatic powrs + legislative powers

ordinance making power of president - art 123
if houses are not in session + there is a need for immediate action.
PARDONING POWER OF PRESIDENT : ART 72

Question 5

kehar singh v uoi

Answer 5

indira gandhi murdered got death sentence charged unfer 302 ipc but applied for mercy petition
basically before granting or not granting a mercy pardon- president may scrutinise the evidence + merits of a case
and judicial review is allowed on pardons

Question 6

Epuru Sudhakar case

Answer 6

bro was convicted along w 2 other murderers. defendant 2 had political connections and he got privilege in forms of parole compared to the other 2 convicts. his wife was elected to andhra legislature and then he applied for remission plea= got accepted. other 2 defs applied for pardon and were denied. then they filed to check grounds for the 2nd defs remission and SC had to overturn the remission because no reasonable grounds were found and there was basically discrimination

govners pardon

Question 7

KM nanavati v bombay

Answer 7

basically bro applied for Special Leave petition (SLP) and pardon at the same time and the question came ki can they be clubbed together court held that no! if SLP and pardoning power is filed at the same time then SLP must be dealt with first and only then when thats exhausted –> pardoning power of govnor

Question 8

Yaqoob mennon v maharashtra

Answer 8

bro got hanged b4 mercy petition was heard and the court heard the petition at midnight hours before his death and president rejected it and basically conclusion of this case is that there is no prescribed timeline for how long a president shuld take in reviewing mercy petitions and a pardon is cmpletely in his descretion

presidentspardon art. 72

Question 9

mukesh kumar v uoi

Answer 9

bro claimed he was abused in jail and so applied for pardon! pardon rejected within 2 days bec whatv happens in jail is not a ground/ reason to give pardon - only grounds is nature of crime and issue. and no one may dictate how long president takes to decide pardon

Question 10

Harban Singh v UP

Answer 10

3 defendants
JS= got hanged
KS= got parole
HS= still in jail

when ks applied fo rpardon and remision he went from death sentence to life imprison
HS applied for pardon and was dismissed . court said this is upto presidents descretion and judicairy cant dictate but gave a few guidelines that pardon/ dismissal should be for good reason and substatiated

Question 11

DC wadhwa vs bihar

Answer 11

SC struck down the irrational excersise of ordinance making power as a subversion of the democratic process- repromulgation of an ordinance may be fraud and misuse of consti

article 123

Question 12

RK garg v uoi

Answer 12

issue: unreasonable classification allowing law breakers to use their black money and between law followers

SC upheld constitutional validity of govts decision to issue special bearer bonds that allowed people to put in money for govt funds without askign the origin of money so likeblack money - ? this kinda struck down tho

Question 13

rameshwar prasad v uoi

Answer 13

Bihar election where no party got majority. govnor reccomended presidents rule or reelection. even after pqrties agreed for coalition

held by sc:
govnor shouldnt involve himself with internal state matters

Question 14

Shamsher singh v uoi

Answer 14

in a previous sadalal case it was said that governors satisfaction was personal satisfacton but htis case ovverruled that saying that govner fulfills the council of ministers wishes as well and considers their advice as well. so govners satisfaction is NOT personal.

Question 15

Maganbai ishwar patel

Answer 15

SC held that cessation of territory is not the same as boundry dispute and settlemd of boundry dispute can be done by executuve no need to involve parliament unless cessation is occuring

Question 16

BP singhal v UOI

Answer 16

SC explained that the “at pleasure” doctrined means a govner can be removed without questioning th epresident but if a govner comes to court for answers the preident has to give he valid reaosns for dismissal

Question 17

GJ v RA MEHTA

Answer 17

appt for the lokayutka is to be done by governor based on consensus of cji and council of ministers and the governor cannot disregard COMs opinion entirely.

Question 18

Jaya Bacchan v UOI

Answer 18

office of profit case- basically that JB held post of president of film association up govt and the job came with many pecuniary benefits therefore she was dimsiessed from her position asa member of rajya sabha because she held OFFICE OF PROFIT. the judgement held that it not matter if she availed those benegits or not the fact that you can get them is enough to be considered office of profit

Question 19

Kohoto Holloham v Zachilha

Answer 19

judges observed that suspicion of bias on the speakers role couldnot be ruled out as their election and tenure depends on the majority will of th ehouse

Question 20

Markandey Katju v Lok Sabha

Answer 20

markandey was a cji and later wrote controversial things about gandhi and bose being foreign agents on his facebook. the houses condemned markandeys post and released a statement notice of the same, distancing themselves from markandeys veiws..
then Markandey filed writ under a32 and said parliament shoudlnt waste time discussing his facebook when there are bigger things going on in the country.
and stated that it violated his art 19(1a) so the parliament must withdraw the statement condoning him.
HELD: it did not violate his free speech as the parliament simply criticised it and did not penalise it. further, he cannot dictate what the houses will or will not discuss that is Privileged communication under 105. and there are no barres agains what can be said and discussed there.

the only exception to art 105 is A.121 preventing the houses from criticising a current judge. that is the only restriction.

Question 21

RAJA rampal v speaker lok sabha

Answer 21

in a sting operation lok sabha and rajya sabhas speakers caught taking bribes to ask certain qs in the house and then a committee was formed to investigate that and evidence was found so they were expelled. the ppl apprached court and
1. if house has right to expel MPs fromthe house (YES)
2. if the expulsion can be under judicial reviw (YES)

so it also differentiated expulsion from disqualififcation saying that disualification power derived from a102 and 10th schedule and has a permanent effect
expulsion power was derived from rules and procedure of the house not expressely stated but house can make its own process. also allows for re-election after a period

Question 22

Jatish chand case

Answer 22

priviledged speech - bro wanted to ask mps cetain questions and they denied answering it and so he published those in the newspaper later. Article 194 of the Indian Constitution gives members of state legislatures certain powers, advantages, and immunities. It guarantees freedom of speech to members of state legislatures and protects them from being tried for their speech or vote in the legislature. court held that is not under 194 because it was not done with permission of house

Question 23

MSM sharma v sinha

Answer 23

msm sharma journalis and sinha was CM of bihar and chairperson of privilidges and legislative committee.

delivered speech which heavily criticesed the cm + buearucrats and alleged to corruption policy and transfer of judges and was defamatory in nature so the speaker expunged those statemens from recotd. and contempt charges were put forth agaisnt msm.
msm said art 19(1a) bro i can express
so in a battle between a19(1a) and a194 .

said that privilege exists within the premisies not outside and further it is a very wide ambit and it is specual in nature and allows th ehouse to decide the scope. whereas art 19(1a) has reasonable restrictions and thus 194&raquo_space; solos and gets primacy.

Question 24

Cheif election comission vs Jan chowkidar (NGO)

Answer 24

filed PILS in patna HC regarding election malpractice and the court debarred them from voting ans all those in lawful custody and convicted criminals from voting and contesting in elections as long as u are in jail
this judgemnt was challenged again/
court referred to representation of peoples act–>
s4 (d) = anyone constesting for elections should be an elector
s62(5)= anyone who is a prisoner cannote vote.
so since An elector is a person who can vote in an election or is qualified to vote, then subsequently if you cant vote u obviously cannot compete for elections

later parliament amended this law and in RP act 2013 it changed sec 62 to add proviso saying that those whos names are ALREADY in the the electoral roll, will not be removed so you can still contest elections from jail yikes

Question 25

evolution of appointment of judges

Answer 25

1. • SP Gupta v UOI (fiist judges case) - constitutional case regarding independance of judiciary because executive was too heavily involved in the the decision of appointing judges
     * so in article 124(2)what does consultation mean exactly is it a concurrence or exchange of views
     HELD: exchange of views
2. SCORA v UOI
   -Primacy of opinion of Cji regarding appoointment of judges
   - proposal of appointment of judge for hc and sc must be intiated from CJI not executive.
   - if departing from norm (of seniormost aspect) then reasoning must be given
   - president cannot appoint a judge that cji disagrees with
   - so appointment of judges to be done by quorum of CJI+ 2seniormost judges.
3. In Re: Special reference=
   - focues on improving collegium and made it cji+ 4 oldest judges
   - any hc judge being elevated to sc- then the seniormost judge at that HC should give opinion in wiritng
   - if even 2 judges of collegium oppose the appointment of a judge with good reasoning then CJI cannot appoint.

then came NJAC = nat. judicial appointment comission
CJI+ 2 judges, union minister of law, eminent persons and PM and leader of opposition to be the appointing authority
amendment in a124 mentioned njac and
now
has been eclipsed by the 2015 scora judgemnt because the amendment was struck down and constitutional validity was challenged since
the involvement of executives in appt of judges infringes on judiciary independence.

Question 26

article 123

Answer 26

ordinance making power of president - only when neither houses of the parliament are in session can the president make ordinance. romulgates law for short period of time
it has the same force and effect as an act
ordinance may be withdrawn at any time and may be laid dbefore houses of parliament and has an expiry of six weeks from reassembly of parliament = it will automatically expire then or if before that there are resolutions passed disproving the same then oviosyle it expires
an ordinance is void under art 123 if it is something unconstitutional.

and ordinance is not promulgated for personal satisfaction of president but rather the advice of council.
**dc wadhwa case discussed ordinance **

Question 27

judicial power of president = pardon and power to consult sc

Answer 27

art 72- pardons. also give power to remit, suspend, and commute sentences

types of pardon=
1. reprieve= stay of execution- punishment is suspended
2. respite= lesser sentence
3. remission=reduces quantum of sentence
4. commutations= lighter penalty

Question 28

emergency types

Answer 28

1. art 352- grave emergency armed rebellion - proclamation of energy
2. financial emergency
3. failure of constitutional machinery

Question 30

proclamation of emergency art 352

Answer 30

emergency cannot be declared w/o decsion of union cabinet in writing after the 44th amendment

• it ceases to operate after a month unless both houses have approved before expiry period
• proclamation that is approved will cease in 6 months automatically from the date of resolution passing the proclamantion
• it must be passed by majority of total membership and by 2/3 majority of that house present and voting,
• if a notice in writing signed by 1/3 of lok sabha of their intention to move resolution disapproving the proclamantion then A SPECIAL SITTING IN LOK SABH WITHIN 14 DAYS

Question 31

council of ministers

Answer 31

smaller body of ministers formign advisory council of the president withthe PM as the head and by whom general policy of the eecutive is decided
is president bound by the advice of the COM - yes after 44th amendment the president is bound by the advice. he may ask the council to reconsider the advice they are giving himbut ultimately he is boudn by their advice and MUST act accordingly

collective responsibilty of minsiters=they are jointly and severally responsible to the house of the people for every executive act and legislative emasure introduced in parliament. it is to make them vicariously laible and collective violation.

Question 32

prime minister art 75 & 78

Answer 32

holds office during pleasure of president
- to communicate to president all decisions of COM relating to admin and legislation proposal
- furnish information
- pm has more authority than other ministers
- first among equals?
- he is the one who reccomends the president and other ministers a minister that disagrees with PM has to resign
pm resigns= entire cabinet resigns
pm has power over lok sabha.

Question 33

Attourney General

Answer 33

must be citizen, 5 yrs as a judge of hc or 10 years advocate of hc. in opinion of president is a distinguished jurist. he holds office during pleasure of president and recieves remuneration upto president
-duty: give advice to govt. perform legal duties, appear on behlalf of govt in sc,

he has right to attend and speake in parliamentary proceedigs but cant vote.

Question 34

appointment of governer

Answer 34

govner appt by president acc to pleasure of president, must be 35 years and citizen. holds office for 5 yrs or till his successor enters office
cannot be member of either house.

govner gets1.1L salary
he can resigns in writing to president
cannot hold office for profit

Question 35

power of govenr

Answer 35

he is executive head of state- all executive action is done w his name
1. appoints ministers- they hold office during his pleasure,
2. power to lay annual financial statmerns, to state legislature, reccoment money bills
3. promulgating ordinance and veto state bills
4. grant pardon
5.

Question 36

art 161- power to grant pardon

Answer 36

govner has power to grant pardon, reprieves, respites, remissions on punishment under 161 but ofcourse presidents pardoning power under 72 is much wider

Question 37

govner ordinance power art 213

Answer 37

goveerner cannot promulgate ordinace if
1. legislative assembly or council are in session
2. a bill containing the same provisions would under constitution rewuire the previous sanction of presidnet and introduction to legislature
3. the govner would have deemed it necessary to reserve a bill of these provisions for the president

effect of ordinance under this provsion is the same as that of an act

subsequent procedure= every sich ordinance would be laid out in front of the legislative assemble or council of state in both houses

such ordinance expires in six weeks from re-assembly of legislature
unless a resolution disproving it is passed before.

Question 38

privilege of govner art 361

Answer 38

he is not answearble to any court for excercise of his duties and any act done if perfomanc eof his duties - but the matter may be taken to court against state governemnt
- no criminal charges afainst him may be instutied during his term in office
- no process of arrest against him during term
-

Question 39

Nabam Rebia case

Answer 39

Governor cannot apply discretion without ‘aid and advice’ of Cabinet to summon
assembly for floor test (the removal of the speaker and all that). The governor can someone,
prorogue and dissolve SLA on the aid and advise of the council of ministers with CM as the head.
Governor’s discretionary powers are limited to with holding assent to bills, appointment of
CM, dismissal of government, which has lost confidence, but refuses to quit. - However, the CM was soon voted out of power in a floor test, and the court’s decision was
reversed through political means. (NOTE: Floor Test means test of the majority)
■ Article 163 of the Constitution does not give the Governor a “general discretionary power to act against or without the advice of his Council of Ministers”.
■ Governor’s discretionary powers are limited to specified areas like giving assent or withholding/referring a Bill to the President or aappointment of a Chief Minister or dismissal of a government which has lost of confidence but refuses to quit, etc.
■ However, Chief Minister Tuki was soon voted out of power in a floor test and the Court’s decision was reversed through political means

Question 40

govner vs
council of ministers state

Answer 40

■ Article 163 of the Constitution does not give the Governor a “general discretionary power to act against or without the advice of his Council of Ministers”.
● Article 163 (1): There will be a council of ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions.
● Article 163 (2): If any question arises whtherh any matter is or is not a matter in which the governor is to act in his discretion, the decision of the governor is to be final and the validity of anything done by the governor cannot be called in question on the ground that he ought or ought not to have acted in his discretion.

Meaning is that the governor should always act on ministerial advice except in particular or specific cases where he is empowered to act in his discretion

Question 41

section 164- council of ministers appointment

Answer 41

● Article 164(1): The Chief minister is appointed by the Governor, and the other ministers are appointed by the Governor on the advice of the Chief Minister and the Ministers hold office at the pleasure of the Governor.
● Total number of ministers, including Cm, in the council of ministers, cannot exceed 15 percent of the total number of members of the legislative assembly and the number can not be less than 12.
● Article 164 (2): The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State
● Article 164 (3): Before a Minister enters upon his office, the Governor shall administer so him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.
● Qualifications:
○ Must be member of the state legislature
○ Must be 25 years of age
● 164 (3): A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister
○ Therefore a CM who is not a member of the legislature must be elected to it within 6 months of taking office.

Question 42

rajya sabha

Answer 42

article 80 -
12 memeber to be nominated by president . total max 238 representatives according to the 4th schedule
● Article 83(1): The Rajya Sabha is not subject to dissolution, but as nearly as possible, 1/3rd of the members of the house shall retire on the expiry of every second year.
● Article 84: Qualifications for its members:
○ Must be a citizen of india
○ Not less than 30 years of age
○ Possesses such other qualifications as may be proscribed by the parliament

Question 43

Lok Sabha

Answer 43

● Article 81: Subject to the provision of article 331, LS consists of
○ Not more than 530 members directly elected by the people. The constituencies are to be territorial and election is to be on the basis of adult suffrage
○ Not more than 20 members to represent the Union Territories
● Article 83(2): Unless sooner dissolved, the LS continues for 5 years and on the expiry of such period of 5 years, the expiry operates as a dissolution of the house.
● Article 84: Qualifications
○ Must be a citizen
○ Must not be less than 25 years of age
○ Must possess such other qualifications as may be proscribed by Parliament
○ Representation of Peoples Act:
■ must be registered as an elector for parliamentary constituency
■ He must be a member of SC or ST in any state or UT, if he wants to contest the election from a seat reserved for them.

Question 44

speaker

Answer 44

● Article 93: The house of people shall choose 2 members of the house to be the speaker and deputy speaker as as may be, and as soon as the seat becomes vacant, choose the replacement
● Article 94: Either of them is liable to vacate his office if he ceases to be a member of the house.
○ He may, at any time, by writing under his hand addressed, if such member is speaker to deputy and vice versa, resign his office.
○ He may be also removed from office by a resolution of the house moved after 14 days’ notice passed by a majority of all the members
○ He has no vote, except in the case of a tie, Art. 101(1)
● Role:
○ Head of the LS & its representatives
○ He is guardian of powers & privileges of the members of the house & its committees
○ He is principal spokesperson of the House and his decisions in all Parliamentary matters is final
* maintains decorum, adjourns or suspends house, can allow secret sitting o the house, endorses if a bill is money bill or not

Disqualifications:
-office of profit under union or state
- unsound mind, insolvent, no longer citizen, or disqualified by a law made by parliament

Question 45

composition of parliament

Answer 45

president+council of states+house of the people
council of states= 12 nominated by president and 238 elected members

Question 46

term of lok sabha and rajya sabha

Answer 46

rajya sabha- continuing body-permanent house.
1/3rd members retre every 2 years
term not fixed in consti
term of office according to representation of people = 6 yrs

lok sabha
nominal term=5 yrs
president can dissolve lok sabha even before completion
term can be extended for national emergency- one year at a time

Question 47

anti defection law

Answer 47

In 1967, an MLA from Haryana, Gaya Lal changed his party thrice on the same day.
“Aaya Ram Gaya Ram” became a popular phrase in Indian Politics after this.
It became a common practice to switch political parties across States which brought down state governments from their power.
The anti-defection law was introduced to prevent such floor choosing and was therefore inaugurated under Rajiv Gandhi’s rule.
In 2003, through the 91st Amendment, the anti-defection law was made more effective to deal with regular defection.
It deleted the provisions that protected legislators in case of a split in the party.
It also stated that any legislator disqualified under Tenth Schedule would be disqualified from the executive or ministerial post as well.

One of the most important grounds is the phrase “Voluntarily giving up his membership”.
It has a wider connotation than resignation.
In absence of formal resignation, the giving up of his membership can also be inferred from the legislator’s conduct.
Example: Two members of Janata Dal (United) were disqualified in 2017 by the Chairman of Rajya Sabha, on the grounds of “voluntary giving up their membership”. They criticised the party on public forums at multiple events and attended rallies of opposition parties.

Question 48

state legislature

Answer 48

● Where there are two houses of legislature of state, the lower house is known as the legislative assembly and the upper house as the legislative council. \ only some states have legislative council. ALL states have Leg assembly

Abolition or creation of the legislative council: Article 169
● Article 169 confers
○ A right to abolish the legislative council on states having such a council
○ A right to create a legislative council on states not having such a council
and by a majority of not less than 2/3rd of the members present and voting.

Question 49

legislative assembly and legislative council
state

Answer 49

A170
○ The legislative assembly of each state shall consist of not more than 500 and not less than 60 members chosen by direct election from territorial constituencies in the state.

the state is divided into territorial constituencies in such a manner that the ratio between the population of each constituency and the number of seats allotted to it is, as far as practicable, the same throughout the state

art 172- every legislative assembly of state unless sooner dissolved - dissolevs on 5 years. can extend in case of emergency one year at a tme
● Article 173: To qualify for membership of a legislative assembly a person must be
○ A citizen of india
○ 25 years of age
○ Must possess any other qualification as may be prescribed by the Parliament

LEGISLATIVE COUNCIL
members cannot exceed the 1/3 of LA. but minimim should be 40.
○ A member of the legislative council must be
■ Citizen of India
■ Not less than 30 years of age
■ Possess such other qualifications as may be laid down by parliament

Question 50

functions of parliament

Answer 50

legislative function
on all matters in union and concurrent. parliament can also make on state list topics if :
1. emergency or state under presidents rule
2. as per article 249- parliament can make laws on state list if rajya sabha passes resolution by 2/3 majority of members present and voting.
3. it can pass laws if required for international agreemtn and treaties w foreign

executive function
- executive is responsible to the legislature
- vote of no confidence to remove cabinet out of power and budget or any other bill.
- ○ Cut Motion: A cut motion is used to oppose any demand in the financial bill brought by the government.
- ○ Censure Motion: A censure motion is moved by the opposition party members in the House to strongly disapprove any policy of the government. It can be moved only in the Lok Sabha

FINANCIAL FUNCTION
- union budget prepared for submission to parliament

amending powers - need to be passed in both houses to be effective

JUDICIAL FUNCTION:
-parliamentary privilges and breach of the same. impeachment of judges of SC, HC, President, VP, Auditor Gen.

Question 51

Parliamentary privilege 105

Question 52

Tej Kiran v sanjiva reddy

Answer 52

a. 105 parliamentary privilege
once parliament is is in session- anything said is immune from proceedings in court

Question 53

○ P.V Narasimbha Rao v. State of Andhra Pradesh

Answer 53

no confidence motion passed due to ruling party paying large sums to sway votes of MPs
issues:
■ Whether a MP is a public servant within the meaning of the term defined under the Prevention of Corruption Act, 1988? (YES)
■ Keeping in mind the provisions of Art. 105 (discussed above), whether a MP could claim immunity from prosecution before a criminal court on a charge of bribery in relation to certain proceedings in Parliament

HELD: MP is protected from court proceedings in any matter which relates to, or has a nexus with, anything said or any vote given in Palriament. Having said that, they held although the bribe-givers (also MPs) can claim no immunity under Art. 105, the MP who took the bribe would be protected under the said article, as the bribe could be seen as “ motive or reward” for defeating the motion, thus having a clear nexus with their voting.

-

Question 54

union judiciary

Answer 54

article 124- cji + 33 judges
every judge of SC and HC shall be appt by president and hold office till age 65
CJi will be consulted regarding appt.

qualififcations =
○ has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or
○ has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or
○ is, in the opinion of the President, a distinguished jurist

Question 55

article 124 impeachment of judge

Answer 55

impeachment shall be only after presidents assent and adress by each house and supportedmby majority of total membershipof house and no less than 2/3 of members of house present and voting.
Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of a Judge

INSTANCES
■ Justice Soumitra Sen of Cal HC was sougt to be impeachement for misappropiration of funds and the Rajya Sabha adopted the impeachment motion but Sen resigned before the matter could go to Lok Sabha. He was the first judge to have been impeached by the Upper House for misconduct.
■ Justice Dinakaran, CJI of Sikkim HC, was sought to be impeached on the grounds of corruption and judicial misconduct. The Chairman of RS admitted the motion seeking his removal and had set up a judicial panel to look into allegations of corruption but before the same could be taken up, the Justice resigned.