- INDIA bloc MPs plan to move an impeachment motion in Parliament against Justice G.R. Swaminathan (Madurai Bench, Madras HC).
Impeachment of Judges – Prelims Key Points
Constitutional Basis
- Article 124(4): Removal of Supreme Court judges.
- Article 218: Extends same procedure to High Court judges.
- Judges (Inquiry) Act, 1968: Procedural law.
Grounds for Removal
- Proved Misbehaviour – serious ethical/professional misconduct.
- Incapacity – physical or mental inability.
Impeachment Process
1. Initiating Motion
- Can be introduced in Lok Sabha or Rajya Sabha.
- Requires support of:
- 100 MPs in Lok Sabha, or
- 50 MPs in Rajya Sabha.
- Motion must be admitted by Speaker/Chairman.
2. Inquiry Committee
- Formed under Judges (Inquiry) Act, 1968.
- 3-member panel:
- A Supreme Court judge / CJI
- A Chief Justice of a High Court
- An eminent jurist
- Conducts quasi-judicial inquiry.
3. Report & Parliamentary Vote
- Committee submits report to originating House.
- If guilty, both Houses must pass the motion by:
- Special majority =
- 2/3rd present and voting, AND
- Absolute majority of total membership.
4. Presidential Order
- Once passed by Parliament, President removes the judge.
Important Facts
- No judge in India has ever been successfully impeached.
- Judge can resign anytime → process ends.
- High threshold ensures judicial independence.
In-House Inquiry Procedure
Origin
- Introduced by the Supreme Court in 1999 as an internal mechanism to address judicial misconduct.
- Emerged from C. Ravichandran Iyer v. Justice A.M. Bhattacharjee (1995), where the Court highlighted:
- Absence of any internal disciplinary mechanism for judges.
- Need to handle misconduct that does not reach the constitutional threshold for impeachment under Articles 124(4) and 218.
Purpose
- Ensures accountability within the judiciary without involving the Legislature.
- Addresses misconduct below the level of "proved misbehaviour" (required for impeachment).
- Maintains judicial independence by providing a self-regulatory framework.
- Intended to preserve public trust in the higher judiciary.
IAS-2026 - OPTIONAL / GEOGRAPHY / PUBLIC ADMINISTRATION / SOCIOLOGY / ANTHROPOLOGY / ORIENTATION ON 03 & 04-10-2025 
