• The process involves Parliament passing an address to the President to remove the judge.
• To pass the motion, two–thirds of the MPs present and voting in both Lok Sabha and Rajya Sabha;
  • Must approve it, with a majority of more than 50% of the total membership of each House.

• Article 124(4): The judge can only be removed by a Presidential order, passed after a majority vote in both Houses of Parliament.
• The vote must come from two-thirds of the members present and voting.
• Articles 218 of the Constitution extends the same rules to High Court judges.
• The impeachment process ensures judicial independence by maintaining a high bar for removal, limiting political influence.

• A judge of the Supreme Court or High Court can be impeached on two grounds: “proved misbehaviour” or “incapacity” as per the Constitution of India.
• Further clarified in the Judges (Inquiry) Act, 1968, including:
  • Misuse of office
  • Grave offences that undermine the judge’s integrity
  • Contravention of the provisions of the Constitution.

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

Committee Formation: Once the motion is introduced, the Speaker or Chairperson of the respective House forms a three-member inquiry committee:

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

Inquiry Process: The committee investigates the charges, cross-examines witnesses, and regulates its procedure.
The committee may also request a medical test if the charge relates to mental incapacity.

Outcome: If the committee finds the judge not guilty, the motion is dismissed. If found guilty, it will be reported back to the House for further action.

Instances of Impeachment in India:

• 1993: Justice V Ramaswami (Supreme Court) faced impeachment proceedings on financial impropriety. The motion was unsuccessful despite a guilty finding.
• 2011: Justice Soumitra Sen (Calcutta High Court) was impeached for corruption but resigned before Lok Sabha could take up the matter.
• 2015: Justice S K Gangele (Madhya Pradesh High Court) faced impeachment on charges of sexual harassment, but the committee cleared him in 2017.
• 2015: Justice J B Pardiwala (Gujarat High Court) faced impeachment for controversial remarks about reservation but the motion was dropped after the judge expunged the remarks.
• 2017: Justice C V Nagarjuna (Andhra Pradesh & Telangana High Court) faced impeachment for financial misconduct and victimizing a Dalit judge, but the motion was not pursued.

PYQ:

[2019] Consider the following statements:

1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per the Judges (inquiry) Act, 1968.

2. The Constitution of India defines and gives details of what constitutes ‘incapacity and proved misbehaviour’ of the Judges of the Supreme Court of India.

3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968.

4. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of total membership of that House and by not less than two-thirds of total members of that House present and voting.

Which of the statements given above is/are correct?

(a) 1 and 2

(b) 3 only

(c) 3 and 4 only

(d) 1, 3 and 4