Impeachment of a High Court Judge

Impeachment of judges in India involves a complex process under Articles 124(4) and 218, requiring proven misbehaviour or incapacity and parliamentary approval.

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Context

  • The impeachment of Justice Yashwant Varma - the ex-Delhi High Court judge at whose home "piles of burnt Rs 500 notes" were found began Monday afternoon after 145 MPs, from ruling and opposition parties, submitted a memorandum to Lok Sabha Speaker Om Birla.

About Impeachment

  • The term ‘impeachment’ means the process followed in deciding the removal of a person in a position from exercising all the powers and responsibilities that the position demands. The entire process of removal is impeachment.
  • In India, the impeachment is used in two contexts:
  • Impeachment of President 
  • Impeachment of Judges (However, the Constitution does not use the word ‘impeachment‘ for removal of Judges).

Removal of Judges In India

Ground for Removal

  • Constitutional Provisions: Article 124(4) and Article 218 provide the legal basis for the removal of Judges of the Supreme Court and High Court, respectively.
  • Criteria: Removal is permitted only on grounds of proven misbehaviour or Incapacity.
  • The Constitution does not define the terms ‘proved misbehaviour’ or ‘incapacity.’
  • The Supreme Court has opined in various cases that wilful misconduct in office, corruption, lack of integrity or any other offence involving moral turpitude would constitute misbehaviour. Incapacity here means a medical condition that may include physical or mental incapacity.

Removal of Judges: The Process

  • The Judges Inquiry Act 1968 regulates the procedure for removing an SC judge and an HC judge.
  • Requires a motion signed by at least 100 MPs in Lok Sabha (LS) or 50 MPs in RS. The Chairman/Speaker may, after due consideration and consultation, admit or refuse to admit the motion. If admitted, a three-member committee (Committee of Inquiry) would be constituted.
  • Committee of Enquiry:
  • Comprises the CJI or SC judge, a High Court CJ, and a distinguished jurist.
  • Investigates charges, frames allegations, examines evidence and cross-examines witnesses.
  • Report findings to the Speaker/Chairperson.

Parliamentary Vote

  • Each House must pass the motion with at least two thirds of the members present and voting and more than 50% of total membership in favour.
  • If both Houses agree, the President issues the removal order.
  • Termination of Proceedings: If the committee finds the judge not guilty, the matter is dropped.
  • From the above, it is clear that the procedure for the impeachment of a high court judge is the same as that for a judge of the Supreme Court.

Limitations with the Process

  • No Success: Despite six impeachment attempts, no judge has been impeached since independence.
  • High Bar for Removal: The stringent voting requirement makes impeachment rare.
  • Political Nature: The process often involves political negotiations and alliances.

Way Forward

  • Judicial Training: Initiatives to ensure sensitivity and ethical conduct among judges.
  • Depoliticization of Process: Measures to reduce political influence in judicial impeachment proceedings.
  • Strengthening Accountability: Regular performance reviews and clearer guidelines for judicial conduct.


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