Current Context : Recently, a motion to impeach an Allahabad High Court judge was submitted in the Rajya Sabha.
Purpose: To ensure accountability and uphold judicial integrity.
Past Attempts: Six impeachment motions against judges have been filed since independence, but none succeeded.
Constitutional Basis:
- The term “impeachment” is not mentioned in the Constitution but refers to the removal process under:
- Article 124(Supreme Court judges).
- Article 218(High Court judges).
- Grounds for removal: Proven misbehaviour or incapacity (not defined in the Constitution).
Legal Framework: Governed by the Judges Inquiry Act, 1968.
Steps in the Process:
- Initiation:
- Motion signed by at least 100 Lok Sabha or 50 Rajya Sabha members.
- Submitted to the Speaker or Chairman of the respective House.
- Investigation:
- If admitted, referred to a three-member committee:
- Chief Justice of India (or a Supreme Court judge).
- High Court Chief Justice.
- A distinguished jurist.
- The committee examines charges and submits a report.
- Parliamentary Approval:
- The report is debated and requires a special majority in both Houses (two-thirds of members present and voting, plus a majority of total membership).
- Presidential Action:
- If approved by both Houses, the motion is sent to the President for final approval.