Explain the concept and procedure of removal of judges of the Supreme Court and High Courts in India. Mention examples where such proceedings were initiated. (15M, 250 Words)

The removal of judges of the Supreme Court and High Courts is a constitutional mechanism to ensure judicial accountability while safeguarding judicial independence. It is governed by Articles 124(4), 124(5) and 217 of the Constitution and elaborated under the Judges (Inquiry) Act, 1968.

Concept and Grounds for Removal:

• Judges can be removed only on grounds of Proved misbehaviour, or Incapacity
• Though Constitution does not define these terms, judicial interpretation includes:
  • Wilful misconduct, corruption, lack of integrity, moral turpitude (misbehaviour)
  • Physical or mental inability to discharge duties (incapacity)
• The threshold is deliberately high to protect judicial independence.

Procedure for Removal of Judges:

1. Initiation of Motion: A removal motion must be signed by 100 MPs in the Lok Sabha, or 50 MPs in the Rajya Sabha and submitted to the Speaker (LS) or Chairman (RS).
2. Admission of Motion: The presiding officer has discretion to admit or reject the motion. If admitted, the statutory inquiry mechanism is triggered.
3. Constitution of Inquiry Committee: A three-member committee is constituted comprising a Supreme Court Judge, a High Court Chief Justice/Judge and a distinguished jurist. The committee investigates charges and allows the judge to present a defence.
4. Inquiry Report: If allegations are not proved, the motion lapses. If proved, the report is laid before Parliament.
5. Parliamentary Approval: Each House must pass the motion by a special majority i.e., majority of the total membership, and two-thirds of members present and voting.
6. Presidential Order: An address is sent to the President, who issues the order for removal.

Examples of Impeachment Proceedings:

• Justice V. Ramaswami, 1991: First impeachment motion in India on charges of financial impropriety. But motion failed in the Lok Sabha due to lack of required majority.
• Justice Soumitra Sen, 2009–11: Judge was accused of misappropriation of funds. Removal motion was passed in Rajya Sabha, but he resigned before Lok Sabha vote.
• Chief Justice Dipak Misra, 2018: Motion was initiated on allegations of judicial misconduct but was rejected by the Rajya Sabha Chairman at the admission stage.

Issues with the Judges removal process:

1. Excessive Discretion of Presiding Officer: Speaker/Chairman can admit or reject a motion without giving reasons there by creating a procedural veto even before inquiry begins.
2. High Threshold: The requirement of Special majority in both Houses makes removal politically difficult. It leads to de facto insulation rather than protection.
3. Absence of Clear Definitions: Constitution does not define ‘misbehaviour’ or ‘incapacity’ which results in subjective interpretation and inconsistency.
4. Politicisation Risk: Motions depend on party numbers and political will while Judicial accountability may become a political bargaining tool

Conclusion:

The removal procedure reflects a careful balance between accountability and independence of the higher judiciary. However, there is also a need to ensure that independence does not translate into immunity.

‘+1’ Value Addition:

• Article 124(4): Removal of Supreme Court judges
• Article 217(1)(b): Removal of High Court judges
• Article 124(5): Parliament to regulate removal procedure
• In UK, simple parliamentary majority while in the USA, impeachment by House and 2/3rd Senate majority.
• C. Ravichandran Iyer v. Justice A.M. Bhattacharjee, 1995: Misconduct includes behaviour eroding public confidence, not only criminal acts
• No judge has been successfully impeached in India since 1950

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