Context:
Opposition MPs in the Rajya Sabha handed over a motion seeking impeachment of Allahabad High Court judge Shekhar Kumar Yadav, to secretary- general of the Upper House.
Impeachment of High Court Judges:
- Mentioned in – Article 217 of the Indian Constitution
- Dealt under – Judges Inquiry Act, 1968
- Grounds –
- Proved Misbehaviour: Any conduct that undermines the integrity and impartiality of the judiciary.
- Incapacity: Physical or mental incapacity that prevents the judge from performing his duties.
- Procedure for Impeachment of High Court Judges –
- Initiation: The process begins with a signed motion by 100 members of the Lok Sabha or 50 members of the Rajya Sabha, which is submitted to the Speaker or Chairman respectively.
- Inquiry Committee: Upon admittance of the motion, an inquiry committee is formed consisting of a Supreme Court judge, a High Court Chief Justice, and an eminent jurist.
- Investigation: The committee conducts a thorough investigation into the allegations and frames charges based on which the investigation will be conducted.
- Report Submission: The committee submits its findings in a formal report to the Speaker or Chairman.
- Parliamentary Process: If the committee deems the judge guilty, both Houses of Parliament can then discuss the motion. For the motion to pass, it needs a special majority: a majority of the total membership of that House and a majority of at least 2/3rd of the members of that House present and voting.
- Presidential Order: On successful passage in both Houses, the motion is presented to the President, leading to the removal of the judge.
Article 217 of the Indian Constitution:
- Appointment: Every Judge of a High Court is appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court of the State.
- Tenure: A Judge of a High Court holds office until he attains the age of 62 years.
- Resignation: A Judge may resign by writing to the President.
- Removal: A Judge may be removed from his office by the President in the manner provided in clause (4) of Article 124 for the removal of a Judge of the Supreme Court.
- Qualification: A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and has for at least 10 years held a judicial office in the territory of India or has been an advocate of a High Court or of two or more such Courts in succession.
Instances of Impeachment in India:
- No High Court judge in India has been impeached to date.
- However, there have been several instances where impeachment proceedings were initiated against High Court judges.
Read more about Code of Conduct for Judges
Previous Year Question
Consider the following statements:
1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act 1968.
2. The Constitution of India defines and gives details or what constitutes ‘incapacity and proved misbehaviour’ of the Judges of the Supreme Court of India.
3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968.
4. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of total membership of that House and by not less than two-thirds of total members of that House present and voting.
Which of the statements given above is/are correct?
[UPSC Civil Service Exam – 2019 Prelims]
(a) 1 and 2 only
(b) 3 only
(c) 3 and 4 only
(d) 1, 3 and 4 only
Answer: (c)
Explanation:
Statement 1 is not correct: The Judges (Inquiry) Act,1968 contains the detailed procedures relating to the removal of Judges of the Supreme Court or the High Court. Under this Act, the Chairman or the Speaker may or may not admit the motion of impeachment.
Statement 2 is not correct: The term “incapacity and proved misbehaviour” is not explained anywhere in the Constitution.