Judicial Impeachment in India
The impeachment of judges is a critical process in a constitutional democracy like India, ensuring judicial accountability while safeguarding judicial independence. Recent developments have brought this issue to the forefront, with the Opposition INDIA bloc parties in the Rajya Sabha preparing to move an impeachment motion against a judge of the Allahabad High Court over a controversial remark at a Vishwa Hindu Parishad event.
What is Judicial Impeachment?
Judicial impeachment is the formal process of removing a judge from office for proven misconduct or incapacity. It serves as a mechanism to uphold the integrity of the judiciary, ensuring that judges maintain high standards of conduct and impartiality.
Constitutional Provisions Governing Judicial Impeachment
Article 124(4): This article lays down the process for the removal of Supreme Court judges, applicable to High Court judges under Article 218. Judges can only be removed on two grounds:
- Proven Misbehaviour: Actions or conduct by a judge that breaches the ethical and professional standards of the judiciary.
- Incapacity: A judge's inability to perform judicial duties due to physical or mental infirmity.
Article 124(5): Empowers Parliament to create laws governing the procedure for impeachment. This led to the enactment of the Judges (Inquiry) Act, 1968.
Article 218: Extends the provisions of Article 124(4) to High Court judges.
Procedure for Impeachment of Judges
The process is detailed in the Judges (Inquiry) Act, 1968, ensuring a rigorous mechanism to protect judicial independence while addressing misconduct. The key steps are:
Initiation of Motion: A motion must be signed by at least 100 MPs in the Lok Sabha or 50 MPs in the Rajya Sabha. The motion is submitted to the Speaker (Lok Sabha) or Chairman (Rajya Sabha).
Acceptance or Rejection: The presiding officer of the House can accept or reject the motion. If accepted, an inquiry committee is constituted.
Inquiry Committee Formation: The committee consists of: A Supreme Court judge, The Chief Justice of a High Court (or another SC judge for Supreme Court matters), A distinguished jurist.
Committee Report: The committee investigates and submits its report. If the charges are proven, the motion is taken up in Parliament.
Parliamentary Vote: Both Houses of Parliament must pass the motion with a majority of the total membership and a two-thirds majority of members present and voting.
Presidential Approval: If the motion passes both Houses, the President signs the order for the judge’s removal.
Challenges in the Impeachment Process
The process is deliberately stringent to prevent misuse and ensure judicial independence. However, its complexity often leads to procedural delays. Notably, none of the six impeachment motions (four against High Court judges, two against Supreme Court judges) in India’s history has successfully removed a judge.
Historical Context of Judicial Impeachment in India
Some notable impeachment attempts include:
- Justice V. Ramaswami (1993): The first judge against whom impeachment proceedings were initiated. The motion failed as members abstained, highlighting political challenges in such processes.
- Justice Soumitra Sen (2011): Impeachment was initiated for alleged financial irregularities. While the Rajya Sabha passed the motion, the judge resigned before the Lok Sabha could vote.
- Chief Justice Dipak Misra (2018): Opposition parties moved an impeachment motion citing misbehaviour. The motion was rejected by the Chairman of the Rajya Sabha.
Impact of Judicial Misconduct on Secularism and Public Trust
Judges hold a unique position in safeguarding constitutional values, including secularism. Remarks or actions perceived as biased can:
- Erode Public Trust: The judiciary’s credibility hinges on impartiality.
- Undermine Secularism: India’s pluralistic society requires judges to uphold constitutional principles without prejudice.
- Polarize Society: Controversial statements can deepen societal divides.
Safeguarding Judicial Accountability
To maintain public confidence, measures such as these are essential:
- Ethics and Training: Regular sensitization programs for judges on constitutional values.
- Transparent Proceedings: Ensuring transparency in impeachment and disciplinary processes.