04-Jun-2025
Impeachment
Miscellaneous
Why in News?
The Centre will move an impeachment motion against Justice Yashwant Varma (Allahabad High Court) in the Monsoon Session, seeking all-party support for the action.
What is the Impeachment Process for Judges in India?
Meaning & Purpose
- Impeachment refers to the removal process of judges by Parliament (not directly mentioned in the Constitution).
- Example: In 2018, motion against CJI Dipak Misra was rejected.
- It ensures judicial accountability while protecting judicial independence.
Constitutional Provisions
- Article 124(4): Covers removal of Supreme Court judges.
- Article 218: Applies the same rules to High Court judges.
- Grounds:
- Proved Misbehaviour (violation of judicial ethics)
- Incapacity (physical or mental inability to work)
Impeachment Process Steps
- Motion Initiation
- Requires 100 Lok Sabha MPs or 50 Rajya Sabha MPs.
- Speaker/Chairman decides on admission.
- Inquiry Committee
- Formed after motion admission, consisting of judicial and legal members.
- Investigates the case.
- Report & Debate
- Committee submits report; Parliament debates with a special majority (majority of total members and two-thirds of those present).
- Final Removal
- If approved by both Houses, motion is sent to the President for removal.
Preparations Through MCQs
Q. Which of the following is NOT a member of the inquiry committee formed during the impeachment process?
(1) Chief Justice of India or a Supreme Court judge
(2) Chief Justice of a High Court
(3) A distinguished jurist
(4) Union Law Minister
Answer: (4) Union Law Minister