Thank you for reading this post, don't forget to subscribe!The removal of a judge in India is a stringent process ensuring judicial accountability while safeguarding independence.
NEW DELHI: The removal of a judge in India is a complex and rigorous process designed to uphold judicial independence while ensuring accountability. Unlike executive or legislative officials, judges of the Supreme Court and High Courts enjoy security of tenure, meaning they cannot be removed arbitrarily. Their removal is governed by Article 124(4) and Article 217 of the Indian Constitution and can only occur through a parliamentary impeachment process.
This process involves multiple stages, including a detailed investigation, debate in Parliament, and approval by the President of India.
Given its stringent nature, this mechanism ensures that only judges guilty of proven misbehavior or incapacity can be removed from office, safeguarding the judiciary from political influence while maintaining public trust in the legal system.
Process Of Impeachment
The term ‘Impeachment’ is not explicitly mentioned in the Constitution of India, but the procedure for removing judges of the Supreme Court (SC) and High Courts (HC) is well-defined under Article 124(4) and Article 217. These provisions lay down the necessary framework for ensuring judicial accountability while protecting judicial independence.
Legal Provisions for Removal of Judges
- Article 124(4) (For Supreme Court Judges)
- A judge of the Supreme Court can be removed only by an order of the President after an address by Parliament, presented in the same session.
- The address must be passed by a special majority in both Houses of Parliament.
- Grounds for removal: Proved misbehavior or incapacity.
- Article 217 (For High Court Judges)
- A similar process applies for High Court judges, where the order for removal is issued by the President after an address is passed by both Houses of Parliament.
- The removal must be based on proved misbehavior or incapacity.
Initiation of Motion
The removal of a judge in India begins with a motion signed by at least 100 Lok Sabha members or 50 Rajya Sabha members. This motion is submitted to the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha, who decides whether to admit it for further proceedings.
Investigation by a Three-Member Committee
If the motion is admitted, a three-member committee is formed to examine the allegations against the judge. This committee consists of the Chief Justice of India (or a Supreme Court judge), a High Court Chief Justice, and an eminent jurist. After conducting a thorough inquiry, the committee submits its report to the presiding officer of the House.
Consideration and Debate in Parliament
If the committee finds the judge guilty of misbehavior or incapacity, the report is presented in the House where the motion was introduced. The matter is opened for discussion and debate, and the judge is given an opportunity to defend themselves before Parliament.
Voting on the Motion
For the removal motion to pass, it must be approved by a special majority in both Houses of Parliament. This requires:
- A majority of the total membership of the House, and
- At least two-thirds of the members present and voting in favor of removal.
If the first House approves the motion, it moves to the second House, where the same voting criteria apply.
President’s Approval and Final Removal Order
Once both Houses pass the motion, an address is sent to the President of India, who then issues an official removal order, effectively dismissing the judge from office.
Grounds for Removal of a Judge
A judge can only be removed on two specific grounds:
Incapacity – This refers to a judge’s physical or mental inability to perform judicial duties effectively.
Proved Misbehavior – This includes judicial misconduct such as corruption, abuse of power, or unethical behavior.
Has Any Judge Been Successfully Impeached in India?
1. Justice V. Ramaswami (1993)
- First judge against whom impeachment proceedings were initiated.
- Lok Sabha debated the motion but failed to secure the required two-thirds majority, so he was not removed.
2. Justice Soumitra Sen (2011)
- Rajya Sabha passed the impeachment motion against the Calcutta High Court judge on corruption charges.
- Before Lok Sabha could take it up, he resigned voluntarily.
3. Justice J.B. Pardiwala (2015)
- 58 Rajya Sabha members moved an impeachment motion against the Gujarat High Court judge for controversial remarks on reservation.
4. Justice C.V. Nagarjuna Reddy (2017)
- Rajya Sabha MPs moved a motion to initiate impeachment proceedings against the Andhra Pradesh and Telangana HC judge for allegations of misconduct.
5. Justice Dipak Misra (2018)
- First Chief Justice of India (CJI) to face an impeachment motion.
- 71 Rajya Sabha members moved the motion, but the then Chairman of Rajya Sabha, Venkaiah Naidu, rejected it.
6. Justice P.D. Dinakaran (2011)
- Chief Justice of the Sikkim High Court faced charges of corruption, land grabbing, and judicial misconduct.
- Resigned before impeachment proceedings could be initiated.
7. Justice Shekhar Kumar Yadav (2024)
- A group of 55 Rajya Sabha MPs submitted an impeachment request due to controversial remarks.
- The matter is currently under review.
Recent Developments: Justice Yashwant Varma Controversy
Recently, Chief Justice Sanjiv Khanna constituted a three-member judicial panel to investigate the alleged recovery of large amounts of cash from the residence of Justice Yashwant Varma. While impeachment proceedings have not yet been initiated, this case has once again highlighted the importance of judicial accountability.
Why No Judge Has Been Removed So Far?
Although several judges have faced impeachment motions, none have been successfully removed from office due to various reasons:
- Failure to secure the required special majority in both Houses.
- Judges resigning before the process is completed.
- Political considerations influencing the impeachment process.
Despite this, impeachment remains a vital mechanism to ensure judicial accountability while preserving the independence of the judiciary in India. The process is intentionally rigorous to prevent its misuse and ensure that only in cases of serious misconduct or incapacity can a judge be removed.
The impeachment of judges in India remains a rare and complex process, reflecting the delicate balance between judicial independence and accountability. While no judge has been officially removed through this process, multiple cases highlight the importance of maintaining the integrity of the judiciary.
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