Impeachment Of A Supreme Court Judge

The impeachment of a Supreme Court judge in India is a stringent process aimed at ensuring accountability while protecting judicial independence. The procedure is laid out in Articles 124(4) and (5) of the Indian Constitution and further detailed in the Judges (Inquiry) Act, 1968. Impeachment can only be initiated on grounds of proved misbehavior or incapacity, making it a serious and rare process.

Grounds For Impeachment

Under Article 124(4), a judge can only be removed for:

• Proved misbehavior: This includes acts of corruption, bias, abuse of office, or actions that compromise the integrity and independence of the judiciary.
• Incapacity: This refers to physical or mental conditions that prevent the judge from fulfilling the duties of office.

The impeachment process is meant to address these serious charges while protecting judges from frivolous or politically motivated actions.

Procedure For Impeachment

The impeachment process is complex, involving several stages of scrutiny and approval to ensure fairness and prevent misuse. Here’s a step-by-step explanation of how it works:

Initiation Of The Impeachment Motion

The process begins in Parliament, where a motion to impeach a Supreme Court judge can be initiated by:

• At least 100 members of the Lok Sabha (House of the People), or
• At least 50 members of the Rajya Sabha (Council of States).

The members must submit a written notice detailing the charges against the judge. This notice is then presented to the Speaker of the Lok Sabha or the Chairperson of the Rajya Sabha, depending on where the motion originates.

Admission Of The Motion

Once the notice is submitted, the Speaker (in Lok Sabha) or Chairperson (in Rajya Sabha) has the discretion to either admit or reject the motion. If the presiding officer admits the motion, the impeachment process formally begins.

Constitution Of An Inquiry Committee

If the motion is admitted, a three-member inquiry committee is formed to investigate the allegations. The committee consists of:

• One judge of the Supreme Court,
• One Chief Justice of a High Court, and
• A distinguished jurist (a person of eminence in the field of law).

The inquiry committee’s role is to conduct a thorough investigation into the charges of misbehaviour or incapacity. The judge under scrutiny is given a fair chance to present their defence, and the committee examines the evidence and testimonies from all involved parties.

Inquiry And Report

After conducting its investigation, the committee submits a report to the House where the motion originated. The report will either uphold the charges (finding the judge guilty) or dismiss them (finding the judge innocent).

• If the committee finds the judge not guilty, the impeachment process ends.
• If the committee finds the judge guilty of the charges, the process moves to the next stage, where the matter is taken up by both Houses of Parliament.

Voting In Parliament

For the impeachment to succeed, the motion must be passed in both Houses of Parliament. The requirements for passing the motion are stringent:

• The motion must be passed by a two-thirds majority of the members present and voting in each House.
• Additionally, the majority must also represent at least half of the total strength of the House.

This high threshold ensures that impeachment is not used lightly and can only proceed with broad consensus across political lines.

Removal By The President

If both the Lok Sabha and the Rajya Sabha pass the impeachment motion by the required majorities, the motion is sent to the President of India. The President then formally removes the judge from office, thus concluding the impeachment process.

Also Read : Impeachment Of President Of India

Key Features Of The Process

• Rigorous Scrutiny: The multi-stage process, including inquiry by a high-level committee and voting in both Houses, ensures that only strong and credible cases of misbehavior or incapacity can result in impeachment.
• Judicial Independence: The complexity of the process protects judges from being removed for arbitrary or political reasons. It is designed to preserve the independence of the judiciary while providing a mechanism for accountability.
• High Threshold: The requirement of a two-thirds majority in both Houses of Parliament is intended to prevent politically motivated or frivolous attempts at impeachment.

Additional Safeguards

• The judge in question has the right to present a defense during the inquiry, ensuring that the proceedings are fair and just.
• The involvement of senior judges and legal experts in the inquiry committee provides an objective and professional assessment of the allegations.
• The requirement for an overwhelming majority in Parliament ensures that impeachment is used only in the most serious cases of judicial misconduct or incapacity.

Summary Of The Process

1. Initiation: Motion to impeach is submitted by MPs in either House of Parliament.
2. Admission: The Speaker or Chairperson admits the motion.
3. Inquiry: A three-member committee investigates the charges and submits a report.
4. Parliamentary Voting: If the judge is found guilty, both Houses of Parliament must pass the motion by a two-thirds majority.
5. Removal: The President of India formally removes the judge from office.

Conclusion

The impeachment process for a Supreme Court judge in India is designed to balance accountability with judicial independence. It ensures that judges can only be removed for proven acts of misconduct or incapacity, and only after a thorough and fair investigation. The high thresholds of evidence, inquiry, and parliamentary approval make it a rare occurrence, reflecting the seriousness of removing a judge from the highest court in the country.