The removal of a judge from office is one of the most serious actions in a democracy. It protects the integrity of the judiciary while keeping judges accountable. In India, impeachment is the only method by which a Supreme Court or High Court judge can be removed. The recent reports about Justice Yashwant Verma of the Delhi High Court being under the scanner for large sums of unaccounted money have brought the spotlight back on this rare but powerful process.
The Indian Constitution clearly defines when and how impeachment can be used. Although several attempts have been made in the past, no judge in India has been officially removed by impeachment so far. Here’s a detailed explanation of how the impeachment process works for judges in India.
Which Articles of the Constitution Talk About Judge Removal?
The Constitution lays down the removal process for judges in the following articles:
- Article 124(4) and 124(5): These articles deal with the removal of Supreme Court judges.
- Article 217: Deals with the appointment and conditions of service of High Court judges.
- Article 218: Extends Article 124(4) removal procedure to High Court judges as well.
As per the Constitution, judges can only be removed on two grounds:
- Proved misbehavior
- Incapacity
These grounds are deliberately kept limited to ensure that judges are not removed due to political or personal reasons.
Who Can Start an Impeachment Motion Against a Judge?
The process begins in either of the two Houses of Parliament — the Lok Sabha or the Rajya Sabha. But there are clear minimum requirements to even start this motion:
- In the Lok Sabha, at least 100 Members of Parliament (MPs) must sign the notice.
- In the Rajya Sabha, at least 50 MPs must sign the notice.
The signed motion is then submitted to the Speaker (Lok Sabha) or the Chairperson (Rajya Sabha). They have the power to either accept or reject the motion.
What Happens After the Motion Is Accepted?
If the Speaker or Chairperson accepts the motion, the next step is to form a three-member inquiry committee. This committee investigates the charges against the judge.
The committee usually includes:
- One Supreme Court judge
- One High Court Chief Justice
- One eminent jurist or legal expert
This committee carefully examines all evidence and gives its report. If it finds the judge guilty of misbehaviour or incapacity, then the process moves to the debate and voting stage in Parliament.
What Is Required to Pass the Impeachment?
The actual vote is the most difficult part of the process. The motion must be passed in both Houses of Parliament under strict conditions:
- Two-thirds majority of members present and voting, and
- A majority of the total membership of the House
This means it is not enough for the ruling party to just have a simple majority — they need wide support from all political sides. After both Houses pass the resolution, it is sent to the President of India. Only after the President gives approval, the judge is removed from office.
Real-Life Attempts to Remove Judges in India
India has a clean record when it comes to judicial independence — no judge has been removed by impeachment yet. But there have been some serious cases:
1. Justice V. Ramaswami (1993)
- First judge to face impeachment proceedings.
- Accused of financial mismanagement.
- Motion failed in the Lok Sabha due to lack of two-thirds majority.
- Congress MPs abstained from voting, and the proposal fell through.
2. Justice Soumitra Sen (2011)
- Judge of the Calcutta High Court.
- Accused of misusing public funds when he was an advocate.
- Rajya Sabha passed the impeachment motion.
- Before Lok Sabha could vote, he resigned voluntarily.
3. Justice P.D. Dinakaran
- Faced serious charges, including land grabbing.
- Resigned before the impeachment process could begin.
4. Justice S.N. Shukla (2021)
- Accused of corruption in medical college admission cases.
- Inquiry committee found charges valid.
- Judge retired before the impeachment process reached Parliament.
In total, six attempts have been made, but no judge has been removed so far.
What Happens If the Judge Resigns Before the Process Ends?
Many judges, including Justice Sen and Justice Dinakaran, chose to resign rather than face removal. This legally ends the process as impeachment can only happen while the judge is in office. Once a judge resigns, Parliament has no authority to continue the proceedings.
Is This Process Only for Judges?
No. The Constitution also allows impeachment for the President of India under Article 61. However, the procedures and grounds differ. For judges, the impeachment process is more rigid to safeguard judicial independence.
Why Is Impeachment Rare in India?
- Strict conditions: It is hard to prove misbehavior or incapacity.
- High voting threshold: Needs two-thirds support, which is tough to get in divided Houses.
- Political sensitivity: Parties usually avoid getting involved in judicial matters unless necessary.
- Voluntary resignation: Judges prefer stepping down to protect their public image and pension benefits.
Why Is It in the News Now?
Reports claim that Justice Yashwant Verma, a sitting Delhi High Court judge, allegedly received a large amount of unaccounted money. Sources suggest that if he does not resign, the Central Government may bring an impeachment motion against him in the upcoming monsoon session of Parliament. This has created buzz in legal and political circles, as such events are rare in India.
However, as of now, no official statement has been made by the government or the judge himself. If the motion moves forward, it could become the seventh attempt to remove a judge in India through this constitutional method.
Disclaimer
This article is for general informational purposes only. Any ongoing investigation or legal action mentioned is based on publicly reported facts and does not imply guilt. Readers are advised not to form conclusions without verified outcomes.
Source: India Today, Hindustan Times, The Hindu, Bar & Bench, Press Trust of India
