February 13, 2025

Impeachment Motion

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.
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