Impeachment Process of Judges in India Explained
The removal of former Delhi High Court judge Yashwant Varma has brought the judicial impeachment process into focus. Allegations of unaccounted cash recovery from his residence triggered calls for his removal. The Lok Sabha is expected to initiate the impeachment process soon. The Speaker of the Lok Sabha, in consultation with the Rajya Sabha Chairman and the Chief Justice of India, will form a statutory committee to investigate the charges. Meanwhile, the Supreme Court is set to hear Justice Varma’s challenge against the judiciary’s in-house inquiry committee.
Constitutional Grounds for Removal
A judge of the Supreme Court or High Court can be removed only on two grounds – proved misbehaviour or incapacity. This is stated under Article 124(4) of the Constitution, which also applies to High Court judges via Article 218. Removal requires a parliamentary vote with at least two-thirds majority of members present and voting in both Houses and over 50% of total membership in each House.
Initiating the Impeachment Motion
The Judges Inquiry Act, 1968, details the impeachment process. A motion must be signed by at least 100 Lok Sabha members and 50 Rajya Sabha members. The Speaker or Chairman can admit or reject the motion without any time limit. If admitted, a three-member inquiry committee is formed quickly to examine the charges.
Composition and Role of Inquiry Committee
The committee includes one Supreme Court judge, one High Court Chief Justice, and a distinguished jurist chosen by the Speaker or Chairman. It frames charges, gathers evidence, and can conduct medical tests if incapacity is alleged. The committee submits its findings to the Speaker or Chairman, who presents the report to Parliament.
Parliamentary Proceedings and Voting
If the committee finds the judge guilty, the House where the motion originated adopts the report. Both Houses then address the President seeking removal. The motion is put to vote in both Houses. Only after successful passage in both Houses does the President issue an order removing the judge.
Judiciary’s In-House Inquiry Mechanism
The judiciary has its own internal inquiry system to handle misconduct that does not meet impeachment standards. Established after a 1995 case, it aims to uphold judicial accountability. Complaints are examined by a committee of senior judges. The Chief Justice of India oversees this process and can advise judges or recommend removal proceedings.
Recent Revisions and Procedure
In 2014, the Supreme Court refined the internal inquiry process. Complaints reach the Chief Justice of the concerned High Court or the President and then to the Chief Justice of India. A preliminary probe determines if a deeper inquiry is needed. A three-member committee conducts the inquiry and reports back. If serious misconduct is found, the CJI can advise resignation or recommend removal proceedings.
Case of Justice Yashwant Varma
Justice Varma was found responsible for misconduct related to unaccounted cash. The CJI directed the Delhi High Court Chief Justice to withhold judicial work from him. The Supreme Court will hear his challenge to the internal inquiry’s legality. The parliamentary impeachment process is expected to follow soon.
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