What is Removal of Judges?
Historical Background
Key Points
10 points- 1.
Article 124(4) and Article 124(5) of the Constitution deal with the removal of Supreme Court judges.
- 2.
Article 217 deals with the removal of High Court judges.
- 3.
A judge can be removed only on grounds of proved misbehaviour or incapacity.
- 4.
A motion for removal must be supported by a special majority in each House of Parliament: a majority of the total membership of the House and a majority of not less than two-thirds of the members present and voting.
- 5.
If the motion is adopted by each House of Parliament, the President passes an order removing the judge.
- 6.
The Judges (Inquiry) Act, 1968, regulates the procedure for investigation and proof of the misbehaviour or incapacity of a judge.
- 7.
The Speaker or Chairman may admit the motion or refuse to admit it.
- 8.
If admitted, a committee is formed to investigate the charges. The committee typically consists of a Supreme Court judge, a High Court Chief Justice, and an eminent jurist.
- 9.
The judge has the right to defend themselves during the inquiry.
- 10.
The inquiry committee's report is presented to Parliament.
Visual Insights
Historical Attempts at Judge Removal in India
This timeline highlights significant attempts to remove judges in India, showcasing the challenges and complexities of the process.
The process for removing a judge in India is complex and requires a special majority in Parliament. Several attempts have been made, but none have been successful, highlighting the difficulty in removing a judge.
- 1991Impeachment motion against Justice V. Ramaswami (Supreme Court). Failed due to lack of support in Parliament.
- 2011Impeachment motion against Justice Soumitra Sen (Calcutta High Court). He resigned before the impeachment could be completed.
- 2015Impeachment motion against Justice J.B. Pardiwala (Gujarat High Court). Faced criticism for his remarks on reservation. Motion was eventually withdrawn.
- 2018Impeachment motion against Chief Justice Dipak Misra (Supreme Court). Rejected by the Rajya Sabha Chairman on procedural grounds.
- 2025Inquiry initiated against Justice Yashwant Varma (Delhi High Court) following discovery of half-burnt currency at his residence.
- 2026Supreme Court upholds the inquiry against Justice Yashwant Varma, stating that safeguards for judges cannot paralyze the removal process.
Comparison of Removal Process: Supreme Court vs. High Court Judge
This table compares the key aspects of the removal process for Supreme Court and High Court judges in India.
| Aspect | Supreme Court Judge | High Court Judge |
|---|---|---|
| Constitutional Article | Article 124(4) and 124(5) | Article 217 |
| Grounds for Removal | Proved misbehaviour or incapacity | Proved misbehaviour or incapacity |
| Initiation of Process | Motion in either House of Parliament | Motion in either House of Parliament |
| Special Majority Required | Majority of the total membership of the House and a majority of not less than two-thirds of the members present and voting in each House | Majority of the total membership of the House and a majority of not less than two-thirds of the members present and voting in each House |
| Role of President | President passes an order removing the judge after the motion is adopted by each House | President passes an order removing the judge after the motion is adopted by each House |
Recent Developments
3 developmentsSeveral attempts to initiate removal proceedings against judges have been made in the past, but none have been successful.
The process is considered cumbersome and requires a high degree of political consensus.
Debate continues on the need for greater judicial accountability while safeguarding judicial independence.