Home
Legal Advice
Supreme Court
What is the process for impeachment of a judge of the Supreme Court?

What is the process for impeachment of a judge of the Supreme Court?

28-Nov-2023

Supreme Court

Answer By law4u team

The impeachment of a judge of the Supreme Court of India is a serious and rare process. It is outlined in Article 124(4) of the Constitution of India. The procedure for the impeachment of a judge is detailed in the Judges (Inquiry) Act, 1968. Here is an overview of the process: Process for Impeachment of a Judge of the Supreme Court: Motion: The process begins with the initiation of a motion for the removal of a judge. This motion can be introduced in either house of Parliament – the Lok Sabha (House of the People) or the Rajya Sabha (Council of States). Notice: The motion must be supported by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha. A 14-day notice period is usually required. Examination by Speaker/Chairman: After receiving the notice, the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha (as applicable) will decide whether the motion is in order. If so, the motion is admitted. Investigation Committee: Once the motion is admitted, an investigation committee is formed to inquire into the charges. The committee consists of three members – a Chief Justice or a judge of the Supreme Court, a Chief Justice of a High Court, and a distinguished jurist. Charges and Response: The investigation committee investigates the charges against the judge and gives the judge an opportunity to present a defense. Report to the Speaker/Chairman: The investigation committee submits its report to the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha. Resolution: Based on the committee's report, a resolution for the removal of the judge is presented in the house where the motion originated. Special Majority: The resolution for removal must be adopted by a special majority, which means a majority of the total membership of that house and a majority of not less than two-thirds of the members present and voting. Second House: If the resolution is adopted in the house where it was introduced, it is then sent to the other house for consideration. The second house must also adopt the resolution by a special majority. President's Assent: If both houses pass the resolution with the required majority, it is presented to the President for his assent. The President's assent is necessary for the removal of the judge. Removal: Once the President gives assent, the judge is considered removed from office. Points to Note: The entire process is time-consuming and requires careful consideration of the charges against the judge. Impeachment is a serious matter, and charges must be of a nature that affects the independence and integrity of the judiciary. Impeachment of a judge is a rare occurrence, and it underscores the importance of maintaining the independence and integrity of the judiciary. The process is designed to ensure fairness and thorough examination of charges before a judge is removed from office.

Answer By Anik

Dear Client, Article 124 of the Indian Constitution deals with the Supreme Court and its establishment, and in Article 124(4), the removal or the impeachment process is clearly defined and mentioned, and also in the Judges (Inquiry) Act, 1968. Here the following steps to be followed to impeach a Supreme Court Judge: 1. Passing of a notice of motion in either house of the Parliament that is Lok Sabha or Rajya Sabha. A declaration submission to the speaker with the signature of at least 100 members is required and in Rajya Sabha signature of 50 members is must. 2. And as per Article 3(2) of the Judges Inquiry Act, the speaker of the Lok Sabha and the Chairman of the Rajya Sabha who is also the Vice President of the country, will form a committee to investigate the charges against the judge. And a Supreme Court Judge, Chief Justice of the High Court and an eminent jurist will be part of that committee. 3. And after submitting the report to the speaker of the Lok Sabha or Chairman of the Rajya Sabha and if in that report Judge is guilty then the motion of removal will be considered for voting and Article 124(2) of Constitution asks for either a majority of the total members of the house or a majority more than two third of the members present and voting. 4. And after that President will give the consent and approve it. I hope this answer helps.

Answer By Ayantika Mondal

Dear Client, Article 124 of the Indian Constitution speaks about the Supreme Court. And Article 124(4) mentions the process for removing or impeaching a Supreme Court judge, which also given in the Judges (Inquiry) Act, 1968. Here is the impeachment process: 1. A motion to remove the judge must be introduced in the Lok Sabha or Rajya that is houses of Parliament. And at least 100 members from Lok Sabha or 50 members from Rajya Sabha must sign the motion and give to the speaker or the chairman. 2. As per the Judges Inquiry Act, the Speaker of Lok Sabha or the Chairman of Rajya Sabha (who is also the Vice President) will form a committee to investigate the charges against the judge. This committee will include a Supreme Court judge, a Chief Justice of a High Court, and an eminent jurist 3. After the committee investigates, it will submit its report to the Speaker of Lok Sabha or Chairman of Rajya Sabha. If the judge is found guilty by the report, the motion for removal will be put to a vote in respective houses. According to Article 124(2) of the Constitution, the motion needs to be approved by either a majority of all members or a two-thirds majority of those present and voting. 4. Once the motion is passed via both houses, the President of India must give their approval for the judge to be impeached. I hope this helps.