Sub-Committee On Judicial ... vs Union Of India And Ors., Etc on 29 October, 1991
In Sub-Committee on Judicial Accountability v. Union of India and Ors. , the Constitution Bench after detailed discussions of analogous provisions in other constitutions and practice prevalent in different countries observed at page 731 that, 'the constitutional scheme for removal of a judge, seeks to achieve a judicial, blend of the political and judicial process'. The Bench held that the constitutional process upto the point of admission of Motion, Constitution of Committee and recording of findings. by the Committee were not proceedings in the Houses of Parliament. In our opinion proceedings for impeachment partake of judicial character because it is removal after inquiry and investigation. The statutory process appears to start when the Speaker exercises duty under the Judges Enquiry Act and comes to an end once the Committee appointed by the Speaker submits the report. The debate, on the motion thereafter in the Parliament the discussion and the voting appear more to be political in nature. Voting is formal expression of will or opinion by the person entitled to exercise the right on the subject or issue in question. In Black's Law Dictionary it is explained as, the expression of one's will, preference, or choice, formally manifested by a member of a legislative or deliberative body, or of a constituency or a body of qualified electors, in regard to the decision to be made by the body as a whole upon any proposed measure or proceeding or in passing laws, rules or regulations, or the selection of an officer or representative'. Right to vote means right to exercise the right in favour of or against the motion or resolution. Such a right implies right to remain neutral as well. 'Neutral' means, 'indifferent', unbiased, impartial, not engaged on either side'. Coceptually it is not aligning with cither view. But what happens where a person entitled to vote on a resolution participates in discussion but abstains from voting. It is neither neutrality nor expression of opinion one way or the other. Yet it is legitimate and valid. In removal of an elected representative by vole of no-confidence neutrality, partial or complete, is not unknown. A construction as suggested by the petitioner would lead to uncertainty as if non-exercise of right by a member, even though present, amounts to support it shall frustrate the entire removal process based on exercise of the right.