IMPEACHMENT OF A JUDGE
1.Context
The Opposition has started efforts to move an impeachment motion against Allahabad High Court judge Shekhar Kumar Yadav for his controversial statements at a recent Vishwa Hindu Parishad event.
2. Impeachment of a Judge
- The impeachment of a judge is a formal process by which a judge is removed from office for misconduct or incapacity. It is a serious matter that requires a high degree of evidence and a rigorous legal process.
- In India, the impeachment process is governed by the Judges Inquiry Act, 1968. The process can be initiated by either the Lok Sabha (lower house of Parliament) or the Rajya Sabha (upper house of Parliament). To initiate the process, a minimum of 100 members of the Lok Sabha or 50 members of the Rajya Sabha must sign a notice.
- Once the notice is received, a motion for impeachment is moved in the respective house. If the motion is passed by a special majority (two-thirds of the members present and voting), the matter is referred to a committee of inquiry. The committee investigates the allegations against the judge and submits a report to the respective house.
- If the committee finds the allegations to be true, the house can pass a resolution for the removal of the judge. The resolution must also be passed by a special majority in the other house. Finally, the President of India issues an order removing the judge from office.
- The impeachment process is a complex and lengthy one. It is designed to ensure that judges are held accountable for their actions, but also to protect them from frivolous or politically motivated attacks
3. Procedure for Impeachment
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Initiation:
- A motion must be signed by:
- 100 Members of Lok Sabha, or
- 50 Members of Rajya Sabha.
- The motion is submitted to the Speaker (Lok Sabha) or the Chairman (Rajya Sabha).
- A motion must be signed by:
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Preliminary Inquiry:
- The Speaker/Chairman decides whether to admit the motion.
- If admitted, a three-member committee is constituted to investigate. This committee consists of:
- A Supreme Court judge.
- A High Court Chief Justice.
- A distinguished jurist.
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Investigation by the Committee:
- The committee examines evidence and determines whether the charges are valid.
- If charges are proven, the process continues in Parliament.
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Parliamentary Approval:
- Both Houses of Parliament must approve the motion with a special majority:
- A majority of the total membership of the House.
- A majority of not less than two-thirds of members present and voting.
- Both Houses of Parliament must approve the motion with a special majority:
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Presidential Assent:
- Once both Houses approve, the motion is sent to the President.
- The President orders the judge's removal.
4. Instances of Judge Impeachment Process in India
Justice V. Ramaswami (Supreme Court Judge, 1993)
- Allegations:
Misuse of office, including extravagant spending on official residence and irregularities in financial matters. - Process:
- An inquiry committee was set up, which found him guilty of several charges.
- However, the impeachment motion in the Lok Sabha failed as the Congress Party abstained from voting, preventing the required special majority.
- Outcome:
Justice Ramaswami was not removed but became the first judge against whom impeachment proceedings were initiated.
Justice Soumitra Sen (Calcutta High Court, 2011)
- Allegations:
Misappropriation of funds while acting as a court-appointed receiver in 1993, prior to his appointment as a judge. - Process:
- An impeachment motion was passed in the Rajya Sabha with a majority.
- Before the Lok Sabha could vote, Justice Sen resigned, making the impeachment process moot.
- Outcome:
Justice Sen avoided impeachment by resigning.
Justice Dipak Misra (Chief Justice of India, 2018)
- Allegations:
Misuse of authority, including irregularities in assigning cases and other charges. - Process:
- An impeachment motion was signed by 71 members of the Rajya Sabha and submitted to the Chairman.
- The Rajya Sabha Chairman, Venkaiah Naidu, rejected the motion, stating it lacked substantial merit.
- Outcome:
The impeachment did not proceed
5. Different Majority rules in the Indian Parliament
The Indian Parliament employs various majority rules to ensure that decisions are made with the necessary level of consensus and support. Here are the different types of majorities used:
Types of Majority Rules in Indian Parliament:
Simple Majority (50% + 1)
- Most common voting procedure
- Requires more than half of the members present and voting
- Used for:
- Passing ordinary legislation
- Routine parliamentary decisions
- No-confidence motions
- Most day-to-day parliamentary proceedings
Absolute Majority
- Requires support of more than 50% of the total membership of the house
- Includes members not just present, but the entire strength of the house
- Used for:
- Passing money bills
- Confidence motions
- Electing the Speaker of Lok Sabha
- Removing the Speaker from office
Special Majority (Special Majority Rules) a) Two-thirds Majority
- Requires support of two-thirds of members present and voting
- Used for:
- Constitutional amendments
- Impeachment of President
- Declaring a national emergency
- Passing certain critical resolutions
b) Special Majority in Rajya Sabha
- Requires a special majority for certain constitutional amendments
- Needs majority of total membership AND two-thirds of members present and voting
Qualified Majority
- Specific percentage of total membership required
- Often used in specific constitutional provisions
- Typically ranges between 50-66% depending on the specific constitutional requirement
Effective Majority
- Considers actual voting strength after subtracting abstentions
- Relevant in scenarios with multiple parties and complex parliamentary dynamics
Weighted Majority
- Less common, but used in some specific parliamentary procedures
- Gives different weights to votes based on certain predefined criteria
Important Considerations:
- Quorum requirements must be met for voting
- Voting can be by voice vote, division (counted vote), or ballot
- Electronic voting has been introduced in recent years
- Presiding officer has significant discretion in interpreting majority rules
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For Prelims: Article 368 (most amendments, except for a few requiring ratification by states)
For Mains: GS Paper II - Governance, Constitution, and Judiciary
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Source: The Hindu
