Recently, a motion to impeach a Judge of Allahabad High Court was submitted in Rajya Sabha.
- Impeachment process is aimed at ensuring accountability and preserving judicial integrity.
- None of six attempts at impeaching a judge since Independence have been successful.
Constitutional Provisions Related to Impeachment of Judges
- Art.124(4): provides for impeachment of a judge of a supreme court.
- Art.218 says the same provisions shall apply to a judge of High Court as well.
- Grounds: Proven misbehavior and incapacity (Not defined in the Constitution).
- Procedure is regulated by Judges Enquiry Act (1968).
Steps in the Impeachment Process
- Initiation: A motion must be signed by at least 100 Lok Sabha members or 50 Rajya Sabha members.
- Submitted to presiding officer of respective House.
- Investigation: Referred to a three-member committee comprising: Chief Justice of India or a judge of Supreme Court, a High Court Chief Justice, and a distinguished jurist.
- Committee investigates charges and submits report to Speaker/ Chairman with its findings and observations. Speaker/ Chairman will then place report before Lok Sabha/ Rajya Sabha.
- If committee finds judge guilty, its report is adopted by House where it was introduced.
- Committee investigates charges and submits report to Speaker/ Chairman with its findings and observations. Speaker/ Chairman will then place report before Lok Sabha/ Rajya Sabha.
- Parliamentary Approval: Debate and voting in both Houses of Parliament requires special majority (Two-thirds majority of members present and voting and a majority of total membership).
- Presidential Action: If passed by both houses, motion is sent to the President for final approval.
