Context:
The Opposition has started efforts to move an impeachment motion against Allahabad High Court judge.
Impeachment Procedure
- Key Constitutional Provisions
- Article 124(4): The motion for the proceeding needs to be passed by not less than two-thirds of the majority in both Houses of Parliament, that is Lok Sabha and Rajya Sabha.
- Articles 218 of the Constitution offers the same law to High Court judges as well.
- It seeks to ensure the independence of the judiciary and keep the bar for removal high enough so as to limit political influences.
- Causes for Impeachment
- A judge of the Supreme Court or of a High Court may be removed from office on the ground of “proven misbehaviour” or of “incapacity.”
- The grounds for impeachment may include improper use of office, serious offences which affect the integrity of a judge, and violation of provisions of the Constitution.
As per Judges Inquiry Act, 1968
- The motion for impeachment shall be signed by at least 100 MPs in the Lok Sabha and 50 members in the Rajya Sabha.
- Maybe set up an investigation committee comprising 3 members, one of whom will be the Chief Justice of India or a Supreme Court judge and the second will be the Chief Justice of any High Court and third will be one distinguished jurist.
- Such a committee will investigate charges, hear witnesses and shall control its procedures.
Impeachment cases in India
- He was accused with the charge of financial impropriety, and an impeachment resolution was passed against Justice V Ramaswami in 1993.
- In 2011, he was accused of impeachment for corrupt deeds done while he was a part of the Calcutta High Court by Justice Soumitra Sen.
- Justice S K Gangele was also imputed in the process of impeachment against him in the year 2015 for allegations with respect to sexual harassment in the Madhya Pradesh High Court.
- Justice J B Pardiwala was drawn into impeachment proceedings on account of his contentious viewpoints with regard to reservation issues in Gujarat High Court.
- Justice C V Nagarjuna was included in impeachment for financial impropriety.
