Removal of Judges in India: Constitutional and Procedural Framework

Why in news?

• Fifty-five MPs of the Rajya Sabha have submitted a motion, for removing Allahabad High Court Judge, Justice Shekhar Kumar Yadav, to Chairman of the Rajya Sabha.
• The process gained attention recently due to Justice Yadav's remarks. However, the removal process remains complex, with the need for both a committee investigation and approval by Parliament.

About the process of removal of judges

• Constitutional Provisions:

  • Articles 124 and 217 of the Indian Constitution outline the procedure for the removal of judges from the Supreme Court and High Courts. A judge can be removed by the President on the grounds of ‘proved misbehaviour’ or ‘incapacity’.
  • Majority Requirements: The motion for removal must be passed by:
    • A majority of the total membership in both Houses of Parliament.
    • A two-thirds majority of the members present and voting in the same session (special majority).

• Definition of Misbehaviour and Incapacity:

  • Misbehaviour: Includes actions such as wilful misconduct, corruption, lack of integrity, or crimes involving moral turpitude.
  • Incapacity: Refers to a medical condition that prevents a judge from performing duties effectively, including physical or mental limitations.

• Judges (Inquiry) Act, 1968:

  • The Judges (Inquiry) Act, 1968 provides the detailed procedural framework for the removal process.
  • Notice of Motion: A motion for removal must be signed by at least 50 members of the Rajya Sabha or 100 members of the Lok Sabha.

• Admission of the Motion:

  • The Chairman of the Rajya Sabha or Speaker of the Lok Sabha has the discretion to admit or reject the motion after consultation.
  • If admitted, a three-member inquiry committee is constituted consisting of:
    • A Supreme Court judge,
    • A High Court judge, and
    • A distinguished jurist.

• Investigation and Committee Report:

  • The committee investigates the allegations of misbehaviour or incapacity. If the judge is cleared of the allegations, the motion is dropped.
  • If the judge is found guilty, the committee submits a report to both Houses of Parliament.

• Parliamentary Procedure:

  • The motion is tabled in Parliament, and the judge's removal can only be effected if the motion is passed by a special majority in both Houses. This includes:
    • A majority of the total membership of the Houses.
    • A two-thirds majority of those present and voting in the same session.

• Judicial Independence and Safeguards:

  • The rigorous procedure ensures that the removal of judges is not taken lightly, thereby safeguarding the independence of the judiciary.
  • This special majority requirement prevents arbitrary removal, ensuring that only judges guilty of serious misconduct or incapacity are removed.