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5 Nirma U. L.J. 1 (2015-2016)
Defining Misbehaviour for Removal of Judges: The Logical Fallacy and Necessary Politicisation

handle is hein.journals/nulj5 and id is 9 raw text is: DEFINING MISBEHAVIOUR FOR REMOVAL OF JUDGES: THE LOGICAL FALLACY AND NECESSARY POLITICISATION Rangin Pallav Tripathy* Abstract The notion of judicial accountability in modern constitutional democracies is based on a premise that a judge cannot be removed from office unless he is found to have been guilty of some misbehaviour or misconduct. This requirement of an established ground of misbehaviour is seen as a protective measure against the possibility of the judge being arbitrarily removed from office. This article focuses on the proposition that it is logically fallacious to legally define the concept of misbehaviour. Firstly the author covers the entrenched practice of removal of a judge being based on established grounds and prescribed procedures across different countries. Secondly, the author establishes the challenge in having a consistent understanding of the concept of misbehaviour. Thirdly, the author discusses the different conceptual perspectives (narrow and broad) which have been adopted is seeking to understand misbehaviour. Then the author discusses the different interpretations of the concept of misbehaviour which have been suggested or followed in the context of the Indian Legal Framework. Then the author argues that the problem in having a proper and consistent definition of misbehaviour lies in the fact that that it is not a concept Asst. Professor of Law, National Law University, Odisha

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