By- KALPANA SAHOO
Introduction:
In India, judges of the higher judiciary (Supreme Court and High Courts)enjoy security of tenure and independence, which are crucial for upholding the rule of law and delivering impartial justice. However, when a judge is found guilty of misbehaviour or incapacity, the constitution provides a mechanism for their removal, often referred to as IMPEACHMENT.
Constitutional Provisions:
•Article 124(4) – Supreme Court Judges
This article lays down the procedure for the removal of a Supreme Court judge:
A judge can be removed by the President of India on the grounds of:
Proven misbehaviour or
Incapacity
The removal must be based on a motion passed by each House of Parliament:
Supported by a majority of the total membership of that House and by not less than two-thirds of the members present and voting
•Article 124(5)
Parliament is empowered to regulate the procedure for presenting an address to the President for the removal of a judge.
•Article 217 – High Court Judges
The same provisions apply to High Court judges through Article 217(1)(b), read with Article 124(4).
The Judges (Inquiry) Act, 1968 & Rules:
The Judges (Inquiry) Act, 1968, along with the Judges (Inquiry) Rules, 1969, provides the detailed legal procedure for impeachment.
In the context of parliamentary proceedings for the impeachment of a judge in India, the terms "motion" and "introduction" are closely related and often used interchangeably, but there's a subtle distinction in their practical application during the initial stages:
Motion:
In a broad sense, a motion is a formal proposal made by a Member of Parliament (MP) for the House to take a specific action or express a particular opinion.
Introduction (of the motion):
This refers to the act of submitting the formal proposal for impeachment to the presiding officer (Speaker in Lok Sabha or Chairman in Rajya Sabha) of the House.
In simpler terms
The motion itself is the formal proposal to impeach the judge, laying out the charges of "proved misbehaviour or incapacity".
The introduction of the motion is the first step in the formal impeachment process, where the required number of MPs sign and submit the notice (motion) to the Speaker/Chairman.
Key Steps in the Process:
Initiation of Motion:
A motion for removal must be signed by:
100 Lok Sabha MPs or
50 Rajya Sabha MPs
Introduction and Admission:
Once the required number of signatures is gathered, the motion (notice) is formally submitted to the Speaker/Chairman of the respective House. This act of submission is the introduction of the motion.
Admission and Committee Formation:
Once a motion for impeachment is admitted by the Speaker of Lok Sabha or Chairman of Rajya Sabha, a 3-member inquiry committee is formed under Section 3 of the Judges (Inquiry) Act, 1968:
A Supreme Court judge
A Chief Justice of a High Court
A distinguished jurist (eminent legal expert)
The members are nominated by the Speaker (Lok Sabha) or Chairman (Rajya Sabha), depending on where the motion is admitted.
Functions of the Inquiry Committee:
•Investigation
The committee investigates the charges mentioned in the impeachment motion.
•Summoning Evidence
It can summon witnesses, record evidence, and examine documents.
•Conducting Hearings
The judge against whom charges are made is given a chance to defend themselves.
•Report Submission
After completing the inquiry, the committee submits a report stating:
Whether the charges are proved or not proved.
•Outcome Based on the Report:
If the charges are not proved:
➤ The impeachment process ends there.
If the charges are proved:
➤ The Parliament can take up the motion for removal.
3 . Parliamentary Voting:
Voting in Parliament for Judges' Impeachment:
If the 3-member inquiry committee finds the judge guilty of misbehaviour or incapacity, the matter moves to the Parliament for final approval.
This stage is crucial and involves both Houses of Parliament: Lok Sabha and Rajya Sabha.
🔸 Step-by-Step Voting Process:
1. Notice of Motion
A motion for removal is introduced in either House.
It must be supported by:
> 100 Members of Lok Sabha or
> 50 Members of Rajya Sabha
2. Admittance & Inquiry
Speaker/Chairman admits it.
A 3-member inquiry committee investigates.
If charges are proved, the motion moves to voting in Parliament.
3. Voting in Each House
To successfully impeach a judge, both Lok Sabha and Rajya Sabha must pass the motion separately, with these strict conditions:
Voting Majority Required:
•Condition
•Requirement
Absolute majority, More than 50% of the total membership of the House
Special majority: At least 2/3rd of members present and voting
🔺 Both conditions must be met simultaneously in each House.
🔸 Example:
Suppose Lok Sabha has 545 members.
Absolute majority = at least 273 members must support the motion
Special majority = 2/3rd of those present and voting (e.g., if 450 are present, then at least 300 must vote in favour)
4 . Removal by the President:
Once both Houses pass the motion with the required majorities:
➤ The motion is sent to the President of India
➤ The President signs the order
➤ The judge is officially removed from office
Important Cases and Precedents
1. Justice V. Ramaswami (1993):
First case of impeachment initiated in India.
Despite the inquiry committee finding him guilty, the motion failed in the Lok Sabha due to abstention by the ruling party (Congress).
2. Justice Soumitra Sen (2011):
Rajya Sabha passed the motion, but he resigned before the Lok Sabha could vote.
3. Justice P. D. Dinakaran and Justice C. S. Karnan:
Allegations led to judicial and administrative actions, but no successful impeachment.
Challenges in the Current Framework:
A high threshold makes actual removal rare, even in serious cases.
Political interference and partisan voting can derail the process.
Lack of transparency and public scrutiny in the inquiry stages.
No time limits for each stage, leading to delays.
Suggestions for Reform:
Establish an independent National Judicial Commission to handle complaints.
Ensure time-bound procedures.
Enhance transparency in committee reports.
Strengthen the role of the public and legal fraternity in oversight.
Conclusion:
The Indian Constitution provides a careful balance between judicial independence and accountability through its impeachment process. However, the difficulty in removing even clearly errant judges indicates the need for procedural reform. A transparent, efficient, and impartial mechanism will uphold public confidence in the judiciary.
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