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Picture Courtesy:  HINDUSTAN TIMES

Context

The Union government said that the motion to impeach justice Yashwant Varma will be brought in the Lok Sabha.

IMPEACHMENT OF A JUDGE IN INDIA

What is the impeachment of a judge?

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. 

What are the Grounds for Impeachment?

A judge can only be removed from office on two specific grounds: "proved misbehaviour" or "incapacity".

• Proved Misbehaviour => Actions by a judge that go against their judicial dignity or ethical standards. Examples include corruption, taking bribes, abusing their power, or intentionally breaking the law. Their misconduct must be clearly and legally established.
• Incapacity => Judge unable to perform their duties properly because of a physical or mental condition. 

Which law governs the impeachment process?

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 constitution provides that a judge can be removed only by an order of the president, based on a motion passed by both houses of parliament

How does the impeachment process begin in Parliament?

The process begins when a motion for removal is initiated in either house of Parliament:

• Lok Sabha: At least 100 members must sign the motion.
• Rajya Sabha: At least 50 members must sign the motion.

What happens after a motion is submitted?

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:

1. A Supreme Court Judge (who must be the Chief Justice of India or a senior Supreme Court Judge)
2. A Chief Justice of a High Court
3. A distinguished jurist (a legal expert)

Inquiry Committee investigates the allegations of proved misbehaviour or incapacity.

• The committee conducts a thorough investigation. 
  • The judge against whom the allegations are made receives opportunities to defend themselves. 
  • They can present their case, cross-examine witnesses, and provide evidence, having up to three opportunities to do so.  
• After the investigation, the committee prepares a detailed report.
  • The report states whether they have found "proved misbehaviour" or "incapacity" against the judge.
• The report is submitted to the President and the Prime Minister, and also to the Presiding Officer of the House where the motion originated.

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:

• Voting Requirement: Special Majority: Both the Lok Sabha and the Rajya Sabha must pass the motion by a "special majority". This means:
1. More than half of the total membership of that House must vote in favor.
2. At least two-thirds of the members present and voting in that House must vote in favor.

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.

What are the challenges in the impeachment process?

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. 

• Parliament members are hesitant to initiate or vote for impeachment unless there are very clear and compelling grounds, to avoid appearing to interfere with judicial functions.

Voluntary Resignations => Sometime when a judge faces serious allegations and an impeachment process begins, they choose to resign voluntarily before the process concludes.  

Conclusion

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

Judges Accountable in India

Source: HINDUSTAN TIMES