A Comprehensive Guide to the Impeachment of Judges in India

FAQs on the Impeachment of Judges in India

1. What is the constitutional basis for the impeachment of judges?

The impeachment of judges is governed by Article 124(4) and (5) for Supreme Court judges and Article 217 for High Court judges of the Indian Constitution. These provisions outline “proved misbehaviour” or “incapacity” as the only grounds for removal. The Judges (Inquiry) Act, 1968, provides the procedural framework for conducting such inquiries.

2. What are the steps involved in impeaching a judge?

• Notice of Motion: A motion for impeachment must be signed by at least 100 Lok Sabha members or 50 Rajya Sabha members and submitted to the respective presiding officer.
• Admission of Motion: The Speaker of the Lok Sabha or Chairperson of the Rajya Sabha decides whether to admit the motion. Their discretion is final.
• Formation of a Committee: If admitted, a three-member committee is constituted, comprising:
  • A Supreme Court judge,
  • A High Court Chief Justice,
  • A distinguished jurist.
• Committee Investigation: The committee investigates the charges and submits a report. If the charges are proven, the process moves to the next stage.

3. What happens after the investigation committee submits its report?

If the committee finds the judge guilty, the report is placed before Parliament. Both the Lok Sabha and Rajya Sabha must debate and pass the motion in the same session (winter/budget/monsoon/special). For the motion to pass, it must be supported by:

• A majority of the total membership of the House (more than half of 543 in the Lok Sabha, 245 in the Rajya Sabha), and
• At least two-thirds of the members present and voting in each House.

4. What are the grounds for impeaching a judge?

• Proved Misbehaviour: This includes corruption, abuse of office, or any action that undermines judicial integrity.
• Incapacity: This refers to physical or mental incapacity that hampers the judge’s ability to perform their duties.

5. What role does the President play in the impeachment process?

Once both Houses of Parliament pass the motion by the required majority, the President of India issues an order for the removal of the judge.

6. Have there been any successful impeachments of judges in India?

No judge has been successfully impeached in India. While motions have been initiated, none have passed both Houses of Parliament.

7. What are the challenges in impeaching a judge?

• The process is highly rigorous and requires substantial evidence to prove misbehaviour or incapacity.
• Political considerations often play a role in garnering the required majority in Parliament.
• Judicial independence is a crucial consideration, and the process ensures that judges are not removed arbitrarily.

8. How does the impeachment process uphold judicial independence?

The stringent requirements and procedural safeguards ensure that impeachment is used sparingly and only in cases of serious misconduct or incapacity. This preserves the judiciary’s independence while holding judges accountable.

9. What has been the outcome of previous impeachment motions?

Several impeachment motions have been initiated, but none have resulted in a judge’s removal. The primary reasons include a lack of sufficient evidence, political dynamics, or failure to meet the required majority in Parliament.