An impeachment motion is being considered against a sitting judge of the Allahabad High Court Shekhar Kumar Yadav for controversial, communally charged remarks at a religious event, raising concerns about judicial propriety.
Impeachment Process for Judges in India
The impeachment process ensures judicial accountability while safeguarding the judiciary’s independence. Though not explicitly termed “impeachment,” it refers to removing judges under Article 124(4) for “proved misbehavior” or “incapacity” (also applicable to High Court judges under Article 218).
Steps in the Process:
- Initiation of Motion:
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- Requires support from 100 Lok Sabha or 50 Rajya Sabha members.
- Speaker/Chairman reviews and decides on admission.
- Example: 2018 motion against CJI Dipak Misra was rejected.
- Inquiry Committee Formation:
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- A three-member committee investigates charges, comprising:
- Chief Justice of India or a Supreme Court judge.
- Chief Justice of a High Court.
- A distinguished jurist.
- Parliamentary Debate:
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- The committee submits findings; Parliament debates the report.
- Approval requires a special majority in both Houses:
- Majority of total members.
- Two-thirds of members present and voting.
- Final Removal:
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- Once passed in both Houses, the motion is sent to the President for final approval.
Safeguards and Examples:
- High Thresholds: Prevents casual misuse.
- Expert Review: Ensures impartial inquiry.
- Parliamentary Scrutiny: Promotes democratic accountability.
Past Cases: Justice V. Ramaswami (1993) and Justice Soumitra Sen (2011) faced impeachment motions but were not removed, showcasing the process’s rigor.
