JUDGMENT

B.C. RAY, J. (for himself and on behalf of M. N. Venkatachaliab, J. S. Verma and S. C. Agrawal, JJ.) (Majority view):- These writ petitions raise certain constitutional issues of quite some importance bearing on the construction of Arts. 121 and 124 of the Constitution of India and of the "The Judges (Inquiry) Act, 1968" even as they in the context in which they are brought, are somewhat unfortunate.

Notice was given by 108 members of the 9th Lok Sabha, the term of which came to an end upon its dissolution, of a Motion for presenting an Address to the President for the removal of Mr. Justice V. Ramaswami of this Court. On 12th March, 1991, the Motion was admitted by the then Speaker of the Lok Sabha who also proceeded to constitute a Committee consisting of Mr. Justice P.B. Sawant, a sitting Judge of this Court, Mr. Justice P. D. Desai Chief Justice of the High Court of Bombay, and Mr. Justice O. Chinappa Reddy, a distinguished jurist in terms of S.3(2) of the Judges (Inquiry) Act, 1968.

The occasion for such controversy as is raised in these proceedings is the refusal of the Union Government to act in aid of the decision of the Speaker and to decline to notify that the servi