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India has never successfully impeached a judge of the Supreme Court or High Court. While impeachment proceedings have been initiated multiple times, no judge has been formally removed from office through the complete impeachment process. However, past cases provide insight into how impeachment motions have played out in Indian judicial history.
Impeachment Process and the Justice Yadav Case
The impeachment process for judges in India is rigorous, requiring a two-thirds majority in both Houses of Parliament. Currently, an impeachment notice against Justice Shekhar Kumar Yadav is under consideration by Rajya Sabha Chairman Jagdeep Dhankhar. The motion, alleging hate speech and bias, will proceed only if Dhankhar accepts it.
Interestingly, Dhankhar himself faced an impeachment notice from the Congress-led opposition, which accused him of partisanship in the House. However, Rajya Sabha Deputy Chairman Harivansh rejected the motion, citing procedural flaws. If the impeachment bid against Justice Yadav advances, it will be the latest in a series of attempts to remove judges in India.
Past Impeachment Attempts Against Indian Judges
1. Justice V Ramaswami (1993) – Failed in Lok Sabha
Justice V Ramaswami, a Supreme Court judge, was accused of misusing public funds for personal extravagance. In 1993, an impeachment motion was moved in the Lok Sabha, but it failed to secure the required two-thirds majority. Despite overwhelming opposition support, only 196 MPs voted in favor, preventing his removal.
2. Justice Soumitra Sen (2011) – Resigned After Rajya Sabha Vote
Justice Soumitra Sen of the Calcutta High Court faced impeachment in 2011 over allegations of misappropriating funds and suppressing financial information. The Rajya Sabha passed the motion with 189 votes in favor and just 17 against. However, before the Lok Sabha could vote, Justice Sen resigned, making him the first judge to be impeached by the Upper House but not officially removed.
3. Justice J.P. Pardiwala (2015) – Controversy Over Reservation Comments
In 2015, Gujarat High Court judge Justice J.P. Pardiwala faced impeachment after making remarks against India’s reservation system. His statement led to an impeachment motion signed by 58 Rajya Sabha MPs. However, after the Gujarat government requested him to remove the remarks, he expunged the controversial comments, and the impeachment process was dropped.
4. Justice C.V. Nagarjuna Reddy (2017) – Motion Withdrawn
In 2017, 61 MPs in the Rajya Sabha sought the impeachment of Justice C.V. Nagarjuna Reddy of the Andhra Pradesh/Telangana High Court. He was accused of misconduct, non-disclosure of assets, and mistreatment of a Dalit judge. However, the motion failed twice after several signatories withdrew their support.
Other Impeachment Attempts That Didn’t Progress
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Justice P.D. Dinakaran (2011) – The Chief Justice of the Sikkim High Court resigned before an impeachment motion for corruption, land grab, and abuse of office could be initiated.
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Chief Justice of India Dipak Misra (2018) – Faced allegations of misconduct, including improper allocation of cases, but the motion was rejected by then-Rajya Sabha Chairman Venkaiah Naidu.
Current Charges Against Justice Shekhar Kumar Yadav
The impeachment notice against Justice Yadav accuses him of making inflammatory public remarks that allegedly targeted minorities, violated judicial conduct rules, and incited communal disharmony. The notice, signed by 55 MPs, argues that his statements contradict India’s secular principles and the constitutional directive to promote harmony.
Will India Ever Impeach a Judge?
Despite multiple attempts, India has never removed a judge through the full impeachment process. While some judges have resigned to avoid further proceedings, the high threshold for impeachment makes it difficult to achieve. Whether Justice Yadav’s case will progress remains to be seen, but history suggests that successful impeachment is unlikely.
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