In force · As amended up to 2026-08
5. Powers of Committee.— For the purpose of making any investigation under this Act the Committee shall have the powers of a civil court, while trying a suit, under the Code of Civil — Procedure, 1908 (5 of 1908), in respect of the following matters, namely:
- (a) summoning and enforcing the attendance of any person and examining him on oath;
- (b) requiring the discovery and production of documents;
- (c) receiving evidence on oath;
- (d) issuing commissions for the examination of witnesses or documents;
- (e) such other matters as may be prescribed.
or suffers from any incapacity, then, the motion referred to in sub-section (1) of section 3 shall,
(3) If the motion is adopted by each House of Parliament in accordance with the provisions of clause (4) of article 124 or, as the case may be, in accordance with that clause read with article 218 of the Constitution, then, the misbehaviour or incapacity of the Judge shall be deemed to have been proved and an address praying for the removal of the Judge shall be presented in the prescribed manner to the President by each House of Parliament in the same session in which the motion has been adopted.
— (1) There shall be constituted a Joint Committee of both Houses of Parliament in accordance with the provisions hereinafter contained for the purpose of making rules to carry out the purposes of this Act.
(2) The Joint Committee shall consist of fifteen members of whom ten shall be nominated by the Speaker and five shall be nominated by the Chairman.
(3) The Joint Committee shall elect its own Chairman and shall have power to regulate its own procedure.
(4) Without prejudice to the generality of the provisions of sub-section (1), the Joint Committee — may make rules to provide for the following among other matters, namely:
(a) the manner of transmission of a motion adopted in one House to the other House of Parliament;
(b) the manner of presentation of an address to the President for the removal of a Judge;
(c) the travelling and other allowances payable to the members of the Committee and the witnesses who may be required to attend such Committee;
(d) the facilities which may be accorded to the Judge for defending himself;
(e) any other matter which has to be, or may be, provided for by rules or in respect of which provision is, in the opinion of the Joint Committee, necessary.
Source: India Code