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2 minConstitutional Provision
  1. Home
  2. /
  3. Concepts
  4. /
  5. Constitutional Provision
  6. /
  7. Impeachment of Judges
Constitutional Provision

Impeachment of Judges

What is Impeachment of Judges?

The formal and arduous constitutional process by which a judge of the Supreme Court or a High Court can be removed from office for 'proved misbehaviour' or 'incapacity', as laid down in the Constitution of India.

Historical Background

The impeachment process is a critical mechanism borrowed from other democratic constitutions (e.g., USA) and was designed by the framers of the Indian Constitution to ensure judicial independence. By making removal extremely difficult, it protects judges from political pressure, while still providing a mechanism for accountability in cases of grave misconduct.

Timeline of Impeachment Motions Against Judges in India

A timeline showing key impeachment motions against judges in India, highlighting the challenges and outcomes.

2011

Impeachment motion against Justice Soumitra Sen of Calcutta HC admitted. He resigned before impeachment.

2015

Impeachment motion against Justice J.B. Pardiwala of Gujarat HC rejected.

2018

Impeachment motion against CJI Dipak Misra rejected by the Rajya Sabha Chairman.

2025

Impeachment motion against Justice G.R. Swaminathan of Madras HC moved by 107 MPs.

2026

Outcome of Justice G.R. Swaminathan impeachment motion pending.

Connected to current news

Impeachment of Judges: Key Aspects

A mind map illustrating the key aspects of the impeachment process for judges in India, including constitutional provisions, procedure, and challenges.

2 minConstitutional Provision
  1. Home
  2. /
  3. Concepts
  4. /
  5. Constitutional Provision
  6. /
  7. Impeachment of Judges
Constitutional Provision

Impeachment of Judges

What is Impeachment of Judges?

The formal and arduous constitutional process by which a judge of the Supreme Court or a High Court can be removed from office for 'proved misbehaviour' or 'incapacity', as laid down in the Constitution of India.

Historical Background

The impeachment process is a critical mechanism borrowed from other democratic constitutions (e.g., USA) and was designed by the framers of the Indian Constitution to ensure judicial independence. By making removal extremely difficult, it protects judges from political pressure, while still providing a mechanism for accountability in cases of grave misconduct.

Timeline of Impeachment Motions Against Judges in India

A timeline showing key impeachment motions against judges in India, highlighting the challenges and outcomes.

2011

Impeachment motion against Justice Soumitra Sen of Calcutta HC admitted. He resigned before impeachment.

2015

Impeachment motion against Justice J.B. Pardiwala of Gujarat HC rejected.

2018

Impeachment motion against CJI Dipak Misra rejected by the Rajya Sabha Chairman.

2025

Impeachment motion against Justice G.R. Swaminathan of Madras HC moved by 107 MPs.

2026

Outcome of Justice G.R. Swaminathan impeachment motion pending.

Connected to current news

Impeachment of Judges: Key Aspects

A mind map illustrating the key aspects of the impeachment process for judges in India, including constitutional provisions, procedure, and challenges.

Impeachment of Judges

Articles 124(4) & 217(1)(b)

Motion, Committee, Special Majority

Interpretation of 'Misbehavior'

High Threshold, Speaker's Discretion

Connections
Constitutional Basis→Procedure
Procedure→Grounds For Removal
Challenges→Constitutional Basis
Impeachment of Judges

Articles 124(4) & 217(1)(b)

Motion, Committee, Special Majority

Interpretation of 'Misbehavior'

High Threshold, Speaker's Discretion

Connections
Constitutional Basis→Procedure
Procedure→Grounds For Removal
Challenges→Constitutional Basis

Key Points

9 points
  • 1.

    Grounds for Removal: A judge can be removed only on the grounds of 'proved misbehaviour' or 'incapacity' (Article 124(4) and 217(1)(b)). These terms are not explicitly defined in the Constitution.

  • 2.

    Initiation of Motion: A motion for removal can be initiated in either House of Parliament. In the Lok Sabha, it requires the signatures of 100 members; in the Rajya Sabha, it requires 50 members.

  • 3.

    Speaker/Chairman's Discretion: The Speaker (Lok Sabha) or Chairman (Rajya Sabha) has the discretion to admit or refuse the motion.

  • 4.

    Investigation Committee: If admitted, a three-member committee is constituted to investigate the charges. This committee typically comprises the Chief Justice or a senior judge of the Supreme Court, a Chief Justice of a High Court, and a distinguished jurist.

  • 5.

    Committee Report: If the committee finds the judge guilty, the motion, along with the committee's report, is taken up for consideration in the House where it was introduced.

  • 6.

    Special Majority Requirement: The motion must be passed by each House of Parliament by a special majority, which means a majority of the total membership of that House AND a majority of not less than two-thirds of the members of that House present and voting.

  • 7.

    President's Order: After both Houses pass the motion by the requisite special majority, an address is presented to the President, who then issues an order for the removal of the judge.

  • 8.

    Judges (Inquiry) Act, 1968: This Act regulates the procedure for the investigation and presentation of an address for the removal of a judge.

  • 9.

    Difficulty of Process: The process is deliberately arduous to safeguard judicial independence. No judge has been successfully impeached and removed from office in India till date.

Visual Insights

Timeline of Impeachment Motions Against Judges in India

A timeline showing key impeachment motions against judges in India, highlighting the challenges and outcomes.

Several impeachment motions have been moved against judges in India, but none have been successful due to the high threshold and procedural complexities.

  • 2011Impeachment motion against Justice Soumitra Sen of Calcutta HC admitted. He resigned before impeachment.
  • 2015Impeachment motion against Justice J.B. Pardiwala of Gujarat HC rejected.
  • 2018Impeachment motion against CJI Dipak Misra rejected by the Rajya Sabha Chairman.
  • 2025Impeachment motion against Justice G.R. Swaminathan of Madras HC moved by 107 MPs.
  • 2026Outcome of Justice G.R. Swaminathan impeachment motion pending.

Impeachment of Judges: Key Aspects

A mind map illustrating the key aspects of the impeachment process for judges in India, including constitutional provisions, procedure, and challenges.

Impeachment of Judges

  • ●Constitutional Basis
  • ●Procedure
  • ●Grounds for Removal
  • ●Challenges

Related Concepts

Article 124Article 217Judicial AccountabilityJudicial IndependenceJudiciary (Institution)

Source Topic

Judicial Impeachment: Analysis of Process, Challenges, and Need for Reform

Polity & Governance

UPSC Relevance

Important for GS Paper 2 (Polity & Governance), specifically concerning the judiciary and constitutional mechanisms. Factual questions on the process, grounds, and special majority are common in Prelims, while analytical questions on its effectiveness, challenges, and role in judicial accountability appear in Mains.

On This Page

DefinitionHistorical BackgroundKey PointsVisual InsightsRelated ConceptsUPSC RelevanceSource Topic

Source Topic

Judicial Impeachment: Analysis of Process, Challenges, and Need for ReformPolity & Governance

Related Concepts

Article 124Article 217Judicial AccountabilityJudicial IndependenceJudiciary (Institution)

Key Points

9 points
  • 1.

    Grounds for Removal: A judge can be removed only on the grounds of 'proved misbehaviour' or 'incapacity' (Article 124(4) and 217(1)(b)). These terms are not explicitly defined in the Constitution.

  • 2.

    Initiation of Motion: A motion for removal can be initiated in either House of Parliament. In the Lok Sabha, it requires the signatures of 100 members; in the Rajya Sabha, it requires 50 members.

  • 3.

    Speaker/Chairman's Discretion: The Speaker (Lok Sabha) or Chairman (Rajya Sabha) has the discretion to admit or refuse the motion.

  • 4.

    Investigation Committee: If admitted, a three-member committee is constituted to investigate the charges. This committee typically comprises the Chief Justice or a senior judge of the Supreme Court, a Chief Justice of a High Court, and a distinguished jurist.

  • 5.

    Committee Report: If the committee finds the judge guilty, the motion, along with the committee's report, is taken up for consideration in the House where it was introduced.

  • 6.

    Special Majority Requirement: The motion must be passed by each House of Parliament by a special majority, which means a majority of the total membership of that House AND a majority of not less than two-thirds of the members of that House present and voting.

  • 7.

    President's Order: After both Houses pass the motion by the requisite special majority, an address is presented to the President, who then issues an order for the removal of the judge.

  • 8.

    Judges (Inquiry) Act, 1968: This Act regulates the procedure for the investigation and presentation of an address for the removal of a judge.

  • 9.

    Difficulty of Process: The process is deliberately arduous to safeguard judicial independence. No judge has been successfully impeached and removed from office in India till date.

Visual Insights

Timeline of Impeachment Motions Against Judges in India

A timeline showing key impeachment motions against judges in India, highlighting the challenges and outcomes.

Several impeachment motions have been moved against judges in India, but none have been successful due to the high threshold and procedural complexities.

  • 2011Impeachment motion against Justice Soumitra Sen of Calcutta HC admitted. He resigned before impeachment.
  • 2015Impeachment motion against Justice J.B. Pardiwala of Gujarat HC rejected.
  • 2018Impeachment motion against CJI Dipak Misra rejected by the Rajya Sabha Chairman.
  • 2025Impeachment motion against Justice G.R. Swaminathan of Madras HC moved by 107 MPs.
  • 2026Outcome of Justice G.R. Swaminathan impeachment motion pending.

Impeachment of Judges: Key Aspects

A mind map illustrating the key aspects of the impeachment process for judges in India, including constitutional provisions, procedure, and challenges.

Impeachment of Judges

  • ●Constitutional Basis
  • ●Procedure
  • ●Grounds for Removal
  • ●Challenges

Related Concepts

Article 124Article 217Judicial AccountabilityJudicial IndependenceJudiciary (Institution)

Source Topic

Judicial Impeachment: Analysis of Process, Challenges, and Need for Reform

Polity & Governance

UPSC Relevance

Important for GS Paper 2 (Polity & Governance), specifically concerning the judiciary and constitutional mechanisms. Factual questions on the process, grounds, and special majority are common in Prelims, while analytical questions on its effectiveness, challenges, and role in judicial accountability appear in Mains.

On This Page

DefinitionHistorical BackgroundKey PointsVisual InsightsRelated ConceptsUPSC RelevanceSource Topic

Source Topic

Judicial Impeachment: Analysis of Process, Challenges, and Need for ReformPolity & Governance

Related Concepts

Article 124Article 217Judicial AccountabilityJudicial IndependenceJudiciary (Institution)