Impeachment of Judges in India

GS2 – Polity 

Constitutional Provisions

1. Articles 124(4) and 124(5):
   • Govern the impeachment process for judges of the Supreme Court.
2. Article 217:
   • Applies to the removal of judges of the High Court.
3. Grounds for Removal:
   • Proven misbehavior or incapacity.

Key Features of Impeachment

1. Applicability:
   • Judges of the Supreme Court and High Courts.
2. Initiation:
   • Requires a formal motion in Parliament.
3. Procedure:
   • Established under the Judges (Inquiry) Act, 1968.

Impeachment Process

1. Motion for Removal:
   • Can be initiated in either Lok Sabha or Rajya Sabha.
   • Requires the support of:
     • 100 members in the Lok Sabha, or
     • 50 members in the Rajya Sabha.
   • The motion is submitted to the Speaker (Lok Sabha) or Chairman (Rajya Sabha).
2. Preliminary Scrutiny:
   • Speaker/Chairman decides whether to admit the motion.
   • If admitted, a 3-member inquiry committee is formed:
     • A Supreme Court judge.
     • A Chief Justice of a High Court.
     • A distinguished jurist.
3. Inquiry Committee Report:
   • The committee investigates the charges and submits a report.
   • If the charges are unproven, the process ends.
   • If the charges are proven, the motion proceeds to Parliament.
4. Parliamentary Debate and Voting:
   • Motion must be passed by a special majority in both Houses:
     • A majority of the total membership of the House.
     • At least two-thirds of the members present and voting.
5. Presidential Assent:
   • Once passed by Parliament, the President signs the order for removal.

1. Grounds for Removal:
   • Misbehavior: Includes corruption, breach of judicial ethics, etc.
   • Incapacity: Physical or mental incapacity to perform duties.
2. Rare Use:
   • Impeachment of judges is a rare and rigorous process.
   • Only a few cases have reached Parliament, and none have led to a judge’s removal so far.

Notable Cases

1. Justice V. Ramaswami (1991):
   • First judge against whom impeachment proceedings were initiated.
   • Motion failed due to lack of a two-thirds majority in the Lok Sabha.
2. Justice Soumitra Sen (2011):
   • Impeachment motion passed in Rajya Sabha but resigned before Lok Sabha proceedings.
3. Justice C.S. Karnan (2017):
   • Contempt of court case, but no impeachment process was initiated.

Issues with the Impeachment Process

1. Political Interference:
   • Impeachment process can be influenced by political considerations.
2. Complexity:
   • Lengthy and cumbersome, making it difficult to hold judges accountable.
3. Lack of Clarity:
   • Ambiguity in defining “misbehavior” and “incapacity.”

Reforms Suggested

1. Judicial Accountability:
   • Establish an independent body to oversee complaints against judges.
2. Simplification:
   • Streamline the process to ensure efficiency and effectiveness.
3. Transparency:
   • Enhance public confidence by making proceedings more transparent.

Judicial Independence vs. Accountability

• The impeachment process safeguards judicial independence by making removal difficult.
• However, it also raises concerns about ensuring accountability of judges.