What Is The Process Of Impeachment of A Judge In India?

New Delhi: The term 'Impeachment' is not explicitly mentioned in the Constitution of India, but the procedure for removing judges from the Supreme Court and High Courts is clearly defined under specific articles and clauses.

Proceedings for the removal of judges can be initiated under Article 124 (4) (for Supreme Court judges) and Article 217 (for High Court judges). The role of Parliament is integral to the entire procedure.

Process To Remove Judges From SC and HC 

A removal motion must be signed by a minimum of 100 members in the Lok Sabha or 50 members in the Rajya Sabha. 

If the motion is admitted by the House, a 3-member committee will be formed to investigate the charges against the judge. The committee is composed of the Chief Justice of India or a Supreme Court judge, the Chief Justice of a High Court, and an eminent jurist. 

The committee presents its findings to the presiding officer of the House in which the motion was introduced. If the judge is found guilty of the alleged misconduct or incapacity, then that House can take up the consideration of the motion. 

The motion to remove requires a special majority which means majority of the total membership of the House and majority of not less than two-third members present and voting. 

Once the House where the motion to remove a judge was introduced passes the resolution, the other House must also pass the removal motion with a special majority. 

Following this, an address is sent to the President, who then issues an order to remove the judge.

Conditions on Which Judge Can Be Removed 

It is pertinent to mention that a judge can be removed explicitly on  “proved misbehaviour” and “incapacity”.

'Proved misbehaviour' refers to actions or conduct by a judge that violate the ethical and professional standards of the judiciary.

‘Incapacity’ refers to a judge's incapacity to carry out judicial duties because of physical or mental infirmity.

Although the CJI can recommend a judge's removal, the final decision lies with Parliament.

Has Any Judge Been Successfully Impeached In India? 

No Judge has been successfully impeached since India attained Independence. 

Justice V Ramaswami  was the first judge against whom impeachment proceedings were initiated. In 1993, the motion was introduced in the Lok Sabha but did not secure the necessary two-thirds majority.

Justice Soumitra Sen of the Calcutta High Court was impeached by Rajya Sabha for misconduct. Before the motion could be adopted in the Lok Sabha, Justice Soumitra Sen resigned. 

(Rajya Sabha passed impeachment motion against Justice Soumitra Sen)

In 2015, 58 members of Rajya Sabha moved an impeachment motion against JB Pardiwala J of the Gujarat High Court for his remarks on the matter of the reservation. 

Also Read: Justice Yashwant Varma Cash Controversy: Key Findings

Similarly, in 2017, Rajya Sabha MPs moved a motion to initiate impeachment proceedings against Justice CV Nagarjuna Reddy of the High Court for Andhra Pradesh and Telangana.

Recently, a group of 55 Rajya Sabha MPs, submitted a request to impeach Allahabad High Court judge Shekhar Kumar Yadav over his 'controversial' remarks. 

Dipak Misra Was First CJI to Face Impeachment Motion

In 2018, Chief Justice Dipak Misra became the first CJI against whom 71 members of  Rajya Sabha moved impeachment motion. However, the then Rajya Sabha Chairman Venkiah Naidu rejected the motion to impeach CJI Dipak Misra. The allegations were made against Dipak Misra by four senior judges who publicly criticized the Chief Justice, accusing him of abusing his position as the “master of the roster.”

(Four judges— Kurian Joseph, J Chelameswar, Ranjan Gogoi, Madan Lokur held press conference against the then CJI Dipak Misra/Image-PTI)

Cash Found At Justice Yashwant Varma’s Residence?

Chief Justice of India Sanjiv Khanna on Saturday constituted a three-member Committee consisting of High Court judges to conduct an inquiry into the alleged recovery of a stash of cash from his official residence of Justice Yashwant Varma. 

(Burnt currency notes seen near the residence of Delhi High Court judge Justice Yashwant Varma/Image-ANI)

The Chief Justice of the Delhi High Court, Devendra Upadhyaya, has been directed to refrain from assigning any judicial duties to Justice Varma for the time being.