Motion to impeach a High Court judge

A six-member delegation of Opposition MPs in Rajya Sabha handed over a motion seeking impeachment of Allahabad High Court Judge Justice Shekhar Kumar Yadav, to secretary general of the upper house on December 13, 2024.

Constitutional Provisions Governing Removal of Judges

• Article 124(4):
  • Applicable to Supreme Court judges, it requires:
    • Proved misbehavior or incapacity as grounds for removal.
    • An impeachment motion in each House of Parliament should be supported by:
      • A majority of the total membership of both Houses.
      • At least two-thirds of the members present and voting in both Houses.
  • This procedure ensures a high threshold, safeguarding judicial independence.
• Article 217(1)(b) and Article 218:
  • Extend the provisions of Article 124(4) and 124(5) to High Court judges. It means a High Court judge can be removed in a similar way to a Supreme Court judge.
  • Removal is effected by the President following the parliamentary procedure.

Procedure Under the Judges (Inquiry) Act, 1968

• Initiation:
  • A motion requires:
    • At least 100 Lok Sabha members or 50 Rajya Sabha members to sign.
  • Once introduced, the Speaker or Chairman constitutes a three-member inquiry committee.
• Inquiry Committee Composition:
  • Chaired by the Chief Justice of India or a Supreme Court judge.
  • Includes a High Court Chief Justice and a distinguished jurist.
• Inquiry and Outcome:
  • The committee investigates and submits a report.
  • If the judge is found not guilty, the matter ends.
  • If guilty, the motion proceeds to Parliament for debate and voting.
• Parliamentary Vote:
  • Requires a majority of the total membership and a two-thirds majority of those present and voting in both Houses during the same session.
• Presidential Order:
  • If both Houses pass the motion, the President issues an order for removal.

Past Impeachment Cases

None of the six attempts at impeaching a judge since Independence have been successful. Only in two instances — involving Justices Ramaswami and Sen — have the committees of inquiry returned a guilty finding.

• Justice V. Ramaswami (1993):
  • First impeachment proceedings against a Supreme Court judge for financial impropriety.
  • Motion failed despite a guilty committee finding, as Congress MPs abstained.
• Justice Soumitra Sen (2011):
  • Found guilty of financial misappropriation by the inquiry committee.
  • Rajya Sabha passed the motion, but Justice Sen resigned before Lok Sabha could act, rendering the proceedings moot.