Impeachment of judges

Introduction-

Impeachment means the removal of an incumbent from position. Impeachment can be

effected only against the President of India, Judges of the Honorable Supreme Court & High
Court, Chief Election Commissioner and CAG (Comptroller and Auditor General) of India.
Judges may be removed for different reasons like corruption, misconduct etc. The following
Articles provide for the impeachment of High court or supreme court judges: Article 124 (4),
(5), 217, and 218 of the Constitution of India. The Judges Inquiry Act,1968, provides
corresponding rules. The procedure for removal of High court and Supreme court judge is same.
It is evident from history of India, that a 13 day old central government was toppled by political
opposition. Several governments have been struck down by political parties, but not even single
Judge of High Court or Supreme Court is impeached till today. Therefore, it is evident that the
impeachment process of the Judges is not an easy process. .

Notice of motion for removal of Judges and Constitution of an Inquiry

Committee

A motion has to be moved by either 100 Lok Sabha members of Parliament or 50 Rajya
Sabha MPs. If the motion is admitted, the Speaker of Lok Sabha or Chairman of Rajya Sabha
constitutes an inquiry committee. The committee has three members: a Supreme Court judge, a
High Court Chief Justice, and an eminent jurist. The Committee frames charges and asks the
judge to give a written response. The judge also has the right to examine witnesses. After the
inquiry, the committee determines whether the charges are valid or not.

Submission of the Inquiry Report

Following its investigation, the Inquiry Committee will record its findings in a formal
report. This has to be laid down by the Speaker/Chairman before the concerned House of
Parliament. If the Inquiry Report finds the judge guilty, the motion for removal has to be put to
vote in both Houses of Parliament. As per Article 124 (4) of the Constitution, in order to proceed
further with the removal of the judge, the motion has to be supported by

 A majority of the total membership of the House AND

 A majority of not less than two thirds of members present and voting.

Conclusion
Before we draw the conclusion let us brefily look at some cases involving failure of
Impeachment process.

Case 1: The judiciary was shaken when impeachment proceeding was initiated in 1993 against
Supreme Court judge Justice V Ramaswami for alleged corruption. However, the impeachment
motion brought up in the Lok Sabha had failed to secure the required two-thirds majority. It is
important to note that the major national political party, the Congress abstained from voting. It is
pertinent to note that Sri. Kabil sibil of the Congress party was the defence advocate for Justice
Sri V.Ramaswami.

Case 2 : In 2011, the Rajya Sabha had found Calcutta High Court judge Justice Soumitra Sen
guilty of financial misappropriation as a judge and of misrepresenting facts, which had led the
Upper House to vote in favor of his impeachment. But before the Lok Sabha could take up the
impeachment proceedings, Justice Sen had tendered his resignation.

Case 3 : In 2016, Justice Nagarjuna Reddy of the High Court of Andhra Pradesh and Telangana
courted controversy when 61 Rajya Sabha members moved a petition for his impeachment on
charges of misusing his position to "victimise" a "Dalit" judge. Later, nine of the 54 members of
the Rajya Sabha, who had proposed the initiation of proceedings against him, withdrew their
signatures

Case 4: Most recent case, in shocking event, another Calcutta High Court judge Justice CS
Karnan became the first sitting judge of a high court to be jailed for making defamatory remarks
against the judiciary. Karnan underwent a six-month jail term which ended in December last
year. Canon had described the Collegium system as "autocratic", had hurled a volley of
invectives at the chief justices of the Madras High.

Case 5 : In 2015, a group of 58 Rajya Sabha MPs moved an impeachment notice against Justice
JB Pardiwala of Gujarat High Court for his "objectionable remarks on the issue of reservation"
while pronouncing an order in a case against Patidar leader Hardik Patel. However, hours after
the impeachment notice was sent to then Rajya Sabha Chairman Hamid Ansari, the judge
removed his remarks from the judgement.

Case 6 : Another judge who came under scanner for charges of land grab, corruption and abuse
of judicial office was Justice PD Dinakaran, Chief Justice of the Sikkim High Court, who
resigned in 2011 before impeachment proceedings could be initiated against him.

In India the common man’s last hope is the Judiciary. In most cases legal battle in India
runs for years together. Such being the case, the Judges are expected to be of impeccable
character. They are expected to be above suspicion. Any deviation of a Judge from high
standards of integrity should be viewed seriously. It is in this backdrop, the constitution provides
for Impeachment of Judges. But thus far no Judge is Impeached even after the committee have held
them guilty. We have witnessed a party abstaining from voting to avoid impeachment of a particular
judge. It is vital to observe the defense advocate for the Judge belonged to that party.

Whenever a judge misuses his powers like corruption or any sexual harassment, the only
course available against the erring Judges is impeachment. But on the other side there is likely
misuse of Impeachment powers of the legislature. A couple of judgements against the
government may irk the ruling party. Such a ruling party may attempt impeachment against an
honest judge on flimsy grounds.

It is evident unless the political parties conduct themselves responsibly in the concept of
impeachment shall remain only on paper.