In a significant move, Parliament passed the 26th constitutional amendment early Monday, granting the president the authority to dismiss Supreme Court and High Court judges based on the Supreme Judicial Council’s (SJC) findings.
The amendments, introduced under Articles 175A and 209, strengthen the role of the SJC in holding judges accountable by empowering the council to assess the performance of judges on an annual basis. The measure aims to ensure transparency and accountability within the judiciary.
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According to the new provisions, if a High Court judge’s performance is found unsatisfactory, the judicial commission will provide a set period for improvement. If no improvement is observed within the given timeframe, the case will be referred to the SJC for further investigation. Following its inquiry, the SJC can recommend the judge’s removal if necessary.
The council is mandated to conduct investigations into cases involving physical or mental incapacity, misconduct, or failure to carry out judicial duties within six months. Its report will be submitted to the president, who is now empowered to act upon the council’s recommendations to remove judges from office.
