Opposition MPs sign on Notice to Impeach Allahabad HC judge

Process of Removal of HC judge By the Parliament

• A judge can be removed from office through a motion passed by Parliament on the grounds of “proved misbehaviour or incapacity.”
• Although the Constitution does not mention the term “impeachment,” it is commonly used to describe the removal process under Article 124 (for Supreme Court judges) and Article 218 (for High Court judges).

Procedure for Removal of Judges (as per the Judges Inquiry Act, 1968)

• Initiation of Impeachment Motion: (Under Section-3 of the Act)
  • The impeachment motion can originate in either House of Parliament:
    • Lok Sabha: Requires a signed notice by at least 100 members.
    • Rajya Sabha: Requires a signed notice by at least 50 members.
  • The Speaker (for Lok Sabha) or Chairman (for Rajya Sabha) may consult individuals and examine relevant materials before deciding whether to admit or reject the motion.
• Investigation Committee Formation:
  • If the motion is admitted, the Speaker or Chairman will form a three-member committee to investigate the charges. The committee consists of:
    • Chief Justice of India or a Supreme Court judge (Head of Committee)
    • The Chief Justice of a High Court
    • A distinguished jurist (In opinion of Speaker/Chairman)
  • Powers of the Committee:
    • Frames charges.
    • Examine evidence.
    • Call witnesses.
    • Conducts proceedings (sometimes appointing lawyers,g., senior advocate Indira Jaising in Justice Ramaswami’s case).
• Framing of Charges: The committee frames charges and provides a copy to the judge, who can submit a written defence.
• Committee Report Submission: After completing the investigation, the committee submits its report to the Speaker or Chairman.
  • The report is then presented before the concerned House of Parliament.
• Consideration of Motion: If the report finds evidence of misbehaviour or incapacity, the motion for removal is considered and debated in the House.
• Adoption of Motion: The motion must be passed in each House by:
  • A majority of the total membership of that House.
  • A two-thirds majority of the members present and voting.
  • If the motion passes in one House, it is sent to the other House for approval.
• Presidential Order: Once both Houses adopt the motion, it is sent to the President, who issues an order for the judge’s removal.

In-House Procedure

• Established in 1999 and made public in 2014, this procedure allows judges facing serious allegations to opt for voluntary retirement to avoid public embarrassment.
• The procedure allows a complaint against a High Court judge to:
  • President
  • Chief Justice of India (CJI).
  • Chief Justice of the High Court.
• Procedure for Investigating Complaints:
  • Step 1: High Court Chief Justice receives the complaint and may seek a response from the judge.
  • Step 2: If further investigation is needed, the complaint and response are forwarded to the CJI.
  • Step 3: The CJI can appoint a fact-finding committee consisting of:
    • Two Chief Justices from other High Courts.
    • One High Court judge.
• Outcome of Investigation: If sufficient grounds are found, the CJI may ask the judge to retire voluntarily.
  • If the judge refuses, the CJI can inform the President and Prime Minister, leading to impeachment proceedings.

Previous Instances of Impeachment in India

• 1993: Justice V Ramaswami (SC Judge) faced impeachment proceedings on financial impropriety. The motion was unsuccessful despite a guilty finding.
• 2011: Justice Soumitra Sen (Calcutta HC Judge) was impeached by Rajya Sabha for corruption but resigned before Lok Sabha could take up the matter.
• 2015: Justice S K Gangele (Madhya Pradesh HC Judge) faced impeachment on charges of sexual harassment, but the committee cleared him in 2017.
• 2015: Justice J B Pardiwala (Gujarat HC Judge) faced impeachment for controversial remarks about reservation but the motion was dropped after the judge expunged the remarks.
• 2017: Justice C V Nagarjuna (Andhra Pradesh & Telangana HC Judge) faced impeachment for financial misconduct and victimizing a Dalit judge, but the motion was not pursued.
• Despite multiple attempts, no judge in India has been successfully impeached.

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