Impeachment is a constitutional process, which ensures accountability within the judiciary. The process begins with a motion for removal in either house of Parliament, passed by a special majority in both houses, and the President issues an order for the judge's removal. Despite six attempts since independence, no judge has been impeached thus far.
Copyright infringement not intended
Picture Courtesy: HINDUSTAN TIMES
The Union government said that the motion to impeach justice Yashwant Varma will be brought in the Lok Sabha.
It is a process through which Parliament can remove a judge from their position in the Supreme Court or a High Court.
It acts as a "constitutional safety valve"; a mechanism to ensure accountability within the judiciary while protecting judges' independence.
The core principle is "Checks and Balances." In a democracy, different branches of government (the Executive, Legislature, and Judiciary) keep an eye on each other to prevent any one branch from becoming too powerful.
A judge can only be removed from office on two specific grounds: "proved misbehaviour" or "incapacity".
The procedure for removing a judge is laid out in the Judges (Inquiry) Act, 1968. This Act details every step, from initiating the motion in Parliament to the President's final order.
The Constitution does not use the word ‘impeachment’, it mentions the proceedings under Article 124 (for the removal of a Supreme Court judge) and Article 218 (for the removal of a high court judge).
The process begins when a motion for removal is initiated in either house of Parliament:
Once members submit the motion, the Presiding Officer of that House – the Speaker in the Lok Sabha or the Chairman in the Rajya Sabha - decides whether to admit or refuse the motion. If they admit it, they then form an Inquiry Committee. This consists of three members:
Inquiry Committee investigates the allegations of proved misbehaviour or incapacity.
Parliament vote on the committee's findings
If the Inquiry Committee's report finds the judge guilty, the motion for removal then moves to the full Parliament for a vote:
Presidential Role => If both Houses of Parliament pass the motion with this special majority, they then present an address to the President of India. The President then issues an order for the judge's removal.
There have been six attempts to impeach judges since Independence, but no judge has been impeached till now.
|
High Bar (Special Majority) => Getting a special majority in both Houses of Parliament is extremely difficult, requiring broad cross-party support.
Respect for Judicial Independence => Constitutional tradition of respecting the independence of the judiciary.
Impeachment is a constitutional safety valve that allows for the removal of judges when necessary. The process is deliberately rigorous and difficult to ensure that judges are protected from frivolous complaints and to uphold the judiciary's integrity.
Must Read Articles:
Impeachment Motion against Judge
Source: HINDUSTAN TIMES
PRACTICE QUESTION Q. Despite constitutional provisions, judicial impeachment remains a rare occurrence in India. What factors contribute to this rarity, and what are its implications for judicial ethics and public trust? 250 words |
Any member of Parliament can initiate it by submitting a notice signed by a specific number of members.
The grounds are "proved misbehaviour" or "incapacity."
No Supreme Court or High Court judge has been impeached and removed from office till date.
© 2025 iasgyan. All right reserved