Impeachment of Judges

Indian Polity


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 17-Dec-2024

Why in News? 

An impeachment motion is being considered against a judge of the Allahabad High Court. 

What is the Impeachment Process for Judges in India? 

Impeachment refers to the process of removing a judge from office, aimed at ensuring judicial accountability while maintaining judicial independence. It is not explicitly mentioned in the Constitution but follows provisions under Articles 124(4) and 218. 

Constitutional Safeguards and Grounds for Impeachment 

  • Article 124(4): Sets the removal process for Supreme Court judges, applicable to High Court judges under Article 218. 
  • Grounds for impeachment include “proved misbehaviour” or “incapacity”. 

Steps in the Impeachment Process 

  1. Initiation: The motion needs support from 100 Lok Sabha members or 50 Rajya Sabha members. 
  2. Inquiry Committee: A three-member committee is formed, including the Chief Justice of India, a High Court Chief Justice, and a distinguished jurist. 
  3. Committee Report and Parliamentary Debate: If found guilty, the report is debated in Parliament. Both Houses must approve the motion with a special majority (majority of total membership and two-thirds of those present). 
  4. Final Removal by the President: The motion, if approved, is presented to the President for final removal. 

Conclusion 

The impeachment process is crucial for maintaining judicial accountability, ensuring the judiciary’s integrity while balancing independence and public trust.