Q. Consider the following statements:

  1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act 1968.
  2. The Constitution of India defines and gives details or what constitutes ‘incapacity and proved misbehaviour’ of the Judges of the Supreme Court of India.
  3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968.
  4. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of total membership of that House and by not less than two-thirds of total members of that House present and voting.

Which of the statements given above is/are correct?

  • (a) 1 and 2
  • (b) 3 only
  • (c) 3 and 4 only
  • (d) 1, 3 and 4

Answer: (c) 3 and 4 only

Notes:
  • The Judges (Inquiry) Act,1968 contains the detailed procedures for the removal of Judges of the Supreme Court or the High Court. Under this Act, the Chairman or the Speaker may or may not admit the motion of impeachment.
  • The constitution nowhere defines the term “incapacity and proved misbehavior”.
  • The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a judge of the Supreme Court by the process of impeachment.
  • The motion for removal of a Judge is to be signed by 50 members of the Rajya Sabha or 100 members of Lok Sabha and it has to be passed by a majority of the House and 2/3rd of those present and voting in the same session
Impeachment of CJI
  • There is no specifically any provision in the Constitution that deals with the impeachment of the CJI.
  • “Proved misbehaviour or incapacity” is mentioned in Article 124(4) of the Constitution.
  • It is the ground for impeachment of a Supreme Court judge. The CJI is only the first among equals.
    • Hence, the CJI too, like other judges of the SC and HCs, can be impeached on this ground.

Impeachment procedure:

  • The Judges (Inquiry) Act, 1968 contains details of the process.
  • The motion is to be signed by 50 members of Rajya Sabha or 100 members of Lok Sabha.
  • If it is admitted, an inquiry committee will probe the charges.
  • It will consist of an SC judge, a Chief Justice of an HC and a distinguished jurist.
  • If the charges stand proven, the motion is to be presented to each House of Parliament.
  • It has to be passed by a majority of the House and 2/3rds of those present and voting in the same session.
  • Even if the charges are proved, the Parliament is not bound to remove the judge.
  • Finally, the President will issue the order removing the judge.
  • Judge’s Right – The particular Judge has the right to be heard.
  • However, this is not available at the time of admission of the motion.
  • During the inquiry, the judge has the full right to defend.