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