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Removal of a Judge
Context:
The Opposition INDIA bloc parties in the Rajya Sabha are preparing to initiate impeachment proceedings against Justice Shekhar Kumar Yadav of the Allahabad High Court.
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- Justice Yadav recently made controversial remarks at an event organised by the Vishwa Hindu Parishad, advocating for a uniform civil code and making statements against minorities.
- The Supreme Court has also taken cognizance of the issue and sought a detailed report from the Allahabad High Court.
Impeachment Motion Underway
- By Wednesday evening, 38 MPs from various Opposition parties had signed a petition to move the impeachment motion, with the INDIA bloc’s total strength in the Rajya Sabha standing at 85 MPs.
- The petition requires at least 50 signatures to be admitted in the Upper House.
- A similar initiative is underway in the Lok Sabha, led by NCP MP Aga Syed Ruhullah Mehdi, while Independent MP Kapil Sibal spearheads the effort in the Rajya Sabha.
Constitutional Provisions for Judge Removal
- Article 124(4): The process for removing a High Court or Supreme Court judge is governed by Article 124(4) of the Constitution, which also applies to High Court judges under Article 218.
- Grounds: A judge can be removed only on grounds of “proved misbehaviour” or “incapacity.”
- Majority Needed: The process involves a motion supported by a majority of the total membership of each House of Parliament and at least two-thirds of the members present and voting.
- If both Houses approve the motion, the President issues an order for the judge’s removal.
Procedural Steps
The Judges Inquiry Act, 1968, outlines the impeachment process:
- Initiation of Motion: The motion must be signed by at least 100 MPs in the Lok Sabha or 50 MPs in the Rajya Sabha.
- Formation of Inquiry Committee: Once admitted, the Speaker or Chairman forms a three-member inquiry committee.
- This committee includes the Chief Justice of India (or a Supreme Court judge), a Chief Justice of a High Court, and a distinguished jurist.
- For instance, in the impeachment case of Justice Soumitra Sen, jurist Fali Nariman was part of the committee.
- Investigation: The committee investigates the charges, frames charges if necessary, and has the authority to call for evidence and cross-examine witnesses.
- In some cases, legal representatives are appointed to present the case against the judge.
- Committee Report: The committee submits its findings to the Speaker or Chairman, who presents the report to the respective House.
- If the judge is found not guilty, the process ends.
- If found guilty, the motion proceeds for debate and voting in both Houses.
Historical Context
Despite six attempts to impeach judges since Independence, no judge has been successfully removed. Notable cases include:
- Justice V Ramaswami (1993): Impeachment failed despite findings of financial impropriety, as the motion lacked the requisite majority.
- Justice Soumitra Sen (2011): Found guilty of corruption, he resigned before the Lok Sabha could vote, ending the proceedings.
- Justice S K Gangele (2015): Accused of sexual harassment, he was cleared by the inquiry committee.
- Justice J B Pardiwala (2015): Faced impeachment for controversial remarks on reservation but avoided proceedings after expunging the remarks.
- Justice C V Nagarjuna (2017): Accused of financial misconduct and victimising a Dalit judge, the motion failed due to withdrawal of signatures by MPs.
- Former Chief Justice Dipak Misra (2018): A motion initiated over allegations of judicial impropriety was dismissed at the preliminary stage by Rajya Sabha Chairman M Venkaiah Naidu.
High Bar for Judicial Accountability
The stringent requirements for impeachment ensure judicial independence while maintaining accountability. As the process against Justice Yadav unfolds, it underscores the rare and challenging nature of judicial impeachment in India.
