Judicial Review of Legislative Removal
By
Pooja Jha
In Sub-Committee on Judicial Accountability v. Union of India, AIR 1992 SC 320 the Supreme Court held that the stage upto the submission of report by the committee constituted under the Judges (Inquiry) Act, 1968 to the parliament is administrative and if the finding of the Committee is ‘guilty’, then only the legislative process of removal starts. In Sarojini Ramaswami v. Union of India, AIR 1992 SC 2219, the petitioner prayed for a direction from the Supreme Court to the committee to give a copy of the report to the judge before it is submitted to the parliament to enable the judge to avail judicial review. For this, reliance was placed on the ratio in SCJA case, AIR 1992 SC 320.
The contention of the petitioner was that since in SCJA case, AIR 1992 SC 320 the Supreme Court held that the stage upto the presentation of the report to the Speaker to be statutory and subject to judicial review, the judge has to be supplied a copy of the report before it is submitte ....