Impeachment of Judges in India

Why in the News?

The Opposition in Rajya Sabha is preparing to move an impeachment motion against an Allahabad High Court Judge for controversial remarks inciting communal hatred.

Impeachment Process for Judges in India

Key Constitutional Provisions:

• Article 124(4): A judge can only be removed through a Presidential order, which must follow a majority vote in both the Lok Sabha and Rajya Sabha.
• A two-thirds majority of members present and voting in both Houses is required to pass the impeachment motion.
• Article 218 extends similar provisions to High Court judges.
• The impeachment process ensures judicial independence by imposing a high bar for removal, limiting political influence.

Grounds for Impeachment:

• A Supreme Court or High Court judge can be impeached on two grounds:

1. Proved misbehaviour.
2. Incapacity.

These are further clarified in the Judges (Inquiry) Act, 1968, which includes:

• Misuse of office.
• Grave offences undermining the judge’s integrity.
• Contravention of constitutional provisions.

The Impeachment Process

1. Initial Step:

• The impeachment motion must be signed by at least 100 MPs in the Lok Sabha and 50 MPs in the Rajya Sabha.

1. Committee Formation:

• The Speaker or Chairperson forms a three-member inquiry committee:

1. Headed by the Chief Justice of India or a Supreme Court judge.
2. The second member is a Chief Justice of any High Court.
3. The third member is a distinguished jurist, appointed by the Speaker/Chairman.
4. Inquiry Process:

• The committee investigates the charges, cross-examines witnesses, and regulates the procedure.
• In cases of mental incapacity, a medical test may be requested.

1. Outcome:

• If the committee finds the judge not guilty, the motion is dismissed.
• If the judge is found guilty, the report is sent back to the House for further action.

Instances of Impeachment in India

1. 1993: Justice V. Ramaswami (Supreme Court) – Impeachment proceedings for financial impropriety. The motion was unsuccessful despite a guilty finding.
2. 2011: Justice Soumitra Sen (Calcutta High Court) – Impeached for corruption but resigned before the Lok Sabha could act on it.
3. 2015: Justice S.K. Gangele (Madhya Pradesh High Court) – Impeachment proceedings on charges of sexual harassment, but the committee cleared him in 2017.
4. 2015: Justice J.B. Pardiwala (Gujarat High Court) – Impeachment for controversial remarks on reservation. The motion was dropped after the remarks were expunged.
5. 2017: Justice C.V. Nagarjuna (Andhra Pradesh & Telangana High Court) – Impeachment proceedings for financial misconduct and victimizing a Dalit judge. The motion was not pursued.

The impeachment process for judges in India is a carefully structured procedure to ensure judicial accountability while maintaining judicial independence. It involves a high threshold for removal and safeguards against undue political interference. The process is rarely used, but when invoked, it is meant to address serious allegations against judges.