Motion to impeach Allahabad HC judge: Process of impeachment, past attempts

Sub : Polity

Sec: Judiciary

Context:

The Opposition INDIA bloc parties in the Rajya Sabha are preparing to move a motion to impeach Allahabad High Court judge Justice Shekhar Kumar Yadav over controversial remarks made at a Vishwa Hindu Parishad event, where he allegedly made anti-minority statements and advocated for a uniform civil code.
The Supreme Court has already taken note of his speech, prompting an inquiry.

Constitutional Provisions:

Article 124(4): Provides the grounds for the impeachment of Supreme Court judges.
Article 218: Extends the same provisions of impeachment to High Court judges.
A judge can only be removed through a resolution passed by both Houses of Parliament with:
- Majority of the total membership of both Houses.
- Two-thirds majority of the members present and voting in both Houses.
If both Houses approve the motion, it is presented to the President, who may order the judge’s removal.
The procedure is rigorous and intended to protect the independence of the judiciary.
Impeachment can be initiated only on two grounds: proved misbehaviour or incapacity.

Impeachment Process:

The procedure to be followed for impeachment of a judge is laid down in the Judges Inquiry Act, 1968.
The process begins with the submission of a motion for impeachment, which requires signatures from at least 50 MPs in the Rajya Sabha or 100 MPs in the Lok Sabha.
After the motion is introduced, the Speaker (Lok Sabha) or Chairman (Rajya Sabha) forms a three-member inquiry committee to investigate the charges. The committee includes:
- The Chief Justice of India (or a Supreme Court Judge).
- A Chief Justice of a High Court.
- A distinguished jurist nominated by the Speaker/Chairman.

Role of the Inquiry Committee:

The inquiry committee is responsible for investigating the charges of misbehaviour or incapacity.
The committee has the power to regulate its procedures, examine evidence, and cross-examine witnesses.
If the charge involves mental incapacity, the committee can direct a medical examination.
The committee may appoint a lawyer to represent the proceedings, as seen in the cases of Justices Ramaswami and Indira Jaising.

Parliamentary Vote:

After completing the investigation, the committee submits its report to the Speaker or Chairman.
The Speaker/ Chairman will then place the report before Lok Sabha/ Rajya Sabha “as soon as may be”.
If the judge is found not guilty, the impeachment process is terminated.
If the committee finds the judge guilty, the report is introduced in the House in which it was introduced, where it is debated and voted upon.
If both Houses adopt the report and pass the resolution with the required majority, an address is made to the President for the judge’s removal.

Historical precedents of impeachment:

Historically, impeachment attempts in India have been Of the six attempts since independence, only two involved guilty findings, but none resulted in removal.
Past cases typically involved financial misconduct or sexual impropriety, with some cases such as Justice Soumitra Sen’s leading to resignation before the motion could proceed.
The most recent impeachment attempt, against Chief Justice Dipak Misra in 2018, was rejected by then Rajya Sabha Chairman M Venkaiah Naidu at the preliminary stage.