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What is impeachment?

A member of the higher judiciary, which means the Judges and Chief Justices of the
Supreme Court of India and the state High Courts, can be removed from service only
through the process of impeachment under Article 124 (4) of the Constitution on
grounds of proven misbehaviour or incapacity. In India, there is no other process by
which a Judge can be removed from office before his term comes to an end. However,
the process is very cumbersome.

Who decides if a Judge should be impeached?

As per the Judges Inquiry Act, 1968, a complaint against a Judge has to be made
through a resolution either by 100 members of the Lok Sabha or 50 Rajya Sabha
members. After the MPs submit a duly signed motion to this effect to their respective
presiding officers — Chairman of the Rajya Sabha or Speaker of the Lok Sabha — the
presiding officer constitutes a three-member committee comprising two Judges — one
from the Supreme Court and one Chief Justice of a High Court if the complaint is
against a HC Judge; and two Supreme Court Judges if the complaint is against a sitting
Judge of the apex court — and a jurist to probe the complaint and determine if it is a
case fit for initiating the process of impeachment.

This team can involve any independent agency, either from the government or the
private sector to investigate the charges, before making a recommendation to the
House. Thereafter, if the committee has concluded that impeachment proceedings be
launched, the matter is debated in both Houses of Parliament. The Judge who is facing
impeachment is also given the opportunity to rebut the charges, either in person or
through his representative. However, the entire process — debate onwards — has to be
completed within a single session of the House, failing which the motion is deemed
dropped and can only be taken up if the entire process is repeated afresh in any
subsequent session.

What is the majority needed to pass the impeachment motion?

After the debate ends and the Judge has been heard, if the House decides to put the
motion to vote, the resolution has to be passed by two-thirds majority in both Houses in
the same session. The resolution is then sent to the President, who orders removal of
the Judge.

Has any Judge ever been impeached since Independence?

None till date. The only time, Parliament came close to impeaching a Judge was in the
case of former Punjab and Haryana High Court Chief Justice V Ramaswami for
corruption in 1991. However, the move failed as the then Congress government headed
by Rajiv Gandhi asked all Congress MPs to abstain from voting, thus defeating the
motion.

Last year, 58 MPs of the Rajya Sabha moved a motion for impeachment of Calcutta
High Court Judge Soumitra Sen for his involvement in financial misappropriation before
he was appointed as a Judge. The matter is pending before a three-member committee
constituted by the Rajya Sabha Chairman.

On Monday, 75 MPs of the Rajya Sabha submitted a signed motion for impeachment of
controversial Karnataka High Court Chief Justice P D Dinakaran on 12 counts. Once the
signatures are verified, the matter will be referred to a committee to be constituted by
the Chairman of the Rajya Sabha. Among other things, Dinakaran is accused of
encroaching upon government and village common land, amassing assets much
beyond his known sources of income
and causing loss to the exchequer.

Is there any other way to punish errant Judges?

No. In most cases, transfer is the only course of action followed by the Supreme Court
collegium if it feels that the offence of the Judge is not so grave so as to attract the
penalty of impeachment. Ironically, in a large number of cases, the highest court of the
land has ruled that transfer is no punishment.

Is the government mulling a new law to rein in and punish errant Judges?

Yes, Union LawMinister M Veerappa Moily has already announced on the floor of the
Parliament that a new law in this regard could be introduced in the ongoing Session of
Parliament itself.

Who decides if a Judge should be impeached?


As per the Judges Inquiry Act, 1968, a complaint against a Judge has to be made
through a resolution either by 100 members of the Lok Sabha or 50 Rajya Sabha
members. After the MPs submit a duly signed motion to this effect to their respective
presiding officers — Chairman of the Rajya Sabha or Speaker of the Lok Sabha — the
presiding officer constitutes a three-member committee comprising two Judges — one
from the Supreme Court and one Chief Justice of a High Court if the complaint is
against a HC Judge; and two Supreme Court Judges if the complaint is against a sitting
Judge of the apex court — and a jurist to probe the complaint and determine if it is a
case fit for initiating the process of impeachment.

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