The process to remove a High Court judge in India has come into focus after allegations against a former Delhi High Court judge involving unaccounted currency notes. The procedure to impeach a judge is complex and involves both Parliament and the judiciary. Recent developments show the constitutional and legal mechanisms designed to uphold judicial accountability while safeguarding judicial independence. A former Delhi High Court judge faced charges after currency notes were found at his official residence. The Lok Sabha is set to initiate the removal process. The Speaker and Rajya Sabha Deputy Chairman, with the Home Minister’s involvement, are coordinating the formation of a statutory committee. Meanwhile, the Supreme Court is hearing a plea challenging the internal judiciary inquiry’s validity. The impeachment notice acceptance followed the surprise resignation of the Vice President, who chairs the Rajya Sabha.
Constitutional Grounds for Removal
Under Article 124(4) of the Constitution, a judge of the Supreme Court or High Court can only be removed for proved misbehaviour or incapacity. Removal requires a two-thirds majority of members present and voting in both Houses of Parliament. The votes must also exceed 50% of the total membership in each House. The President issues the removal order after Parliament passes the motion.
Initiation and Parliamentary Procedure
A motion for impeachment must be signed by at least 100 Lok Sabha members and 50 Rajya Sabha members. The Speaker or Chairman decides whether to admit the motion. If admitted, a three-member committee is formed including a Supreme Court judge, a High Court Chief Justice, and a distinguished jurist. This committee investigates charges, collects evidence, and submits a report. The Houses debate and vote on the report. If both Houses pass the motion, the judge is removed.
Judiciary’s In-House Inquiry Mechanism
The judiciary has an internal system for addressing judicial misconduct not meeting impeachment standards. Established after 1995, this mechanism allows complaints to be investigated within the judiciary. A committee of senior judges examines allegations and submits findings to the Chief Justice of India (CJI). The CJI can advise the judge or recommend removal proceedings if misconduct is serious.
Procedure for Internal Inquiry
Complaints are received by the Chief Justice of the relevant High Court, the CJI, or the President. The CJI may seek a preliminary report. If warranted, a three-member committee conducts a detailed inquiry. The judge concerned is heard, ensuring natural justice. The committee’s report states whether allegations have substance and if removal proceedings are needed. The CJI may then advise resignation or initiate removal steps.
Distinction Between Impeachment and Inquiry
The impeachment process is a constitutional exercise involving Parliament and is applicable only for grave charges. The internal inquiry is a judicial process to handle lesser misconduct. It aims to maintain judicial discipline without resorting to impeachment unless absolutely necessary. Both processes ensure checks and balances on judicial conduct.
Significance of Recent Developments
The current case puts stress on the delicate balance between judicial independence and accountability. It marks the constitutional safeguards, the role of Parliament, and the judiciary’s self-regulatory framework. The involvement of top constitutional functionaries reflects the seriousness of the issue and the procedural rigour required in judicial removal.
Questions for UPSC:
- Discuss the constitutional provisions and parliamentary procedures involved in the impeachment of judges in India.
- Explain the importance of judicial independence and accountability. How do internal inquiry mechanisms within the judiciary complement impeachment proceedings?
- Critically examine the role of the Chief Justice of India in maintaining judicial discipline. What challenges does this role face in the context of judicial misconduct?
- With suitable examples, discuss the balance between separation of powers and checks and balances in the Indian constitutional framework, focusing on the judiciary.
