What is the procedure for removing judges?

Context: Articles 124 and 217 of the
Constitution provide that a judge of the Supreme Court/High Court shall be
removed by the President, on the grounds of ‘proved misbehaviour’ or
‘incapacity’ after a motion is passed in each House of Parliament. Fifty-five
MPs of the Rajya Sabha have submitted a motion, for removing Allahabad High
Court Judge, Justice Shekhar Kumar Yadav, to Chairman of the Rajya Sabha. Justice
Yadav made communally charged remarks while speaking at an event organised by
the Vishwa Hindu Parishad. The stringent process with the requirement of
special majority in both houses has resulted in the non-removal of judges even
after having been found guilty of misbehaviour by the inquiry committee.

Key points

·      
Overview: The
Opposition in Rajya Sabha is preparing to move a motion for impeachment of
Allahabad High Court Judge for his controversial remarks inciting communal
hatred.

·      
Impeachment Process for Judges in
India: The process involves Parliament passing an address to
the President to remove the judge. To pass the motion, two–thirds of the MPs
present and voting in both Lok Sabha and Rajya Sabha-

Ø 
Must approve it, with a majority of more
than 50% of the total membership of each House.

·      
Constitutional Provisions: Article
124(4) - The judge can only be removed by a Presidential order, passed
after a majority vote in both Houses of Parliament.

The
vote must come from two-thirds of the members present and voting.

Articles
218 of the Constitution extends the same rules to High Court judges.

The
impeachment process ensures judicial independence by maintaining a high bar for
removal, limiting political influence.

·      
Grounds for Impeachment: A
judge of the Supreme Court or High Court can be impeached on two grounds:
“proved misbehaviour” or “incapacity” as per the Constitution of India. Further
clarified in the Judges (Inquiry) Act, 1968, including-

Ø 
Misuse of office.

Ø 
Grave offences that undermine the
judge’s integrity.

Ø 
Contravention of the provisions of
the Constitution.

·      
Procedure under the Judges Inquiry
Act, 1968: The impeachment motion must be signed by at
least 100 MPs in the Lok Sabha and 50 MPs in the Rajya Sabha.

Committee
Formation - Once the motion is introduced, the Speaker or
Chairperson of the respective House forms a three-member inquiry committee:

Ø 
Headed by the Chief Justice of India
or a Supreme Court judge.

Ø 
The second member is usually a Chief
Justice of any High Court.

Ø 
The third member is a distinguished
jurist, appointed by the Speaker or Chairman.

Inquiry
Process - The committee investigates the charges,
cross-examines witnesses, and regulates its procedure.