Can A Sitting Judge In India Be Removed? The Process of Impeachment Explained

Constitutional Provisions for Impeachment

The Constitution, under Articles 124 and 217, outlines the procedure for the removal of judges of the Supreme Court and High Courts, respectively. The removal can only be based on proven misbehaviour or incapacity. The process is further detailed under the Judges Inquiry Act, 1968.

Grounds for Impeachment

1. Misbehaviour: Includes corruption, sexual harassment, financial misconduct, abuse of judicial office, lack of integrity, or any offence involving moral turpitude.
2. Incapacity: A judge’s inability to discharge duties due to permanent physical or mental disability.

Steps for Impeaching a Judge

Step 1: Initiation of Motion

• The impeachment process begins in either house of Parliament.
• If initiated in the Lok Sabha, at least 100 MPs must sign the motion.
• If initiated in the Rajya Sabha, at least 50 MPs must sign the motion.
• The motion is submitted to the Speaker (Lok Sabha) or Chairman (Rajya Sabha).

Step 2: Admission and Inquiry Committee Formation

• The Speaker/Chairman decides whether to admit the motion.
• If admitted, a three-member inquiry committee is constituted, comprising:
  • One Supreme Court judge
  • One High Court Chief Justice
  • One eminent jurist

Step 3: Investigation and Evidence Collection

• The committee examines the charges and evidence against the judge.
• The accused judge is given an opportunity to present a written defense.
• If incapacity is alleged, a medical board may be appointed to assess the judge’s condition.
• If the committee finds the charges valid, a report is submitted to Parliament.

Step 4: Parliamentary Debate and Voting

• The report is discussed in both Houses of Parliament.
• The judge is allowed to defend themselves before Parliament.
• The motion requires a special majority to pass: a majority of the total membership of the House, and at least two-thirds of the members present and voting.

Step 5: Presidential Approval and Removal

• If both Houses pass the motion, it is sent to the President
• The president subsequently issues an order for the judge’s removal.

 

While no judge in independent India has been successfully impeached, the closest case was Justice Soumitra Sen (Calcutta High Court, 2011), who was accused of misappropriation of funds. The Rajya Sabha passed the motion, but he resigned before the Lok Sabha could vote.

In-House Procedure for Judicial Accountability

Apart from impeachment, the judiciary follows an in-house procedure to handle complaints against judges. The Chief Justice of India may investigate complaints and advise the judge to resign if misconduct is proven. If the judge refuses, the matter may be referred for parliamentary removal.

Impeachment, a rigorous and rarely used mechanism to ensure judicial accountability, ensures that removal of judges is only pursued in cases of serious misconduct or incapacity.