Constitutional Basis
The impeachment of Supreme Court judges is a constitutional process to remove a judge from office for proven misbehavior or incapacity. It is provided under Article 124(4) and 124(5) of the Indian Constitution. A judge of the Supreme Court can be removed only by Parliament after following a detailed procedure, ensuring security of tenure and judicial independence. The process begins with a motion in either House of Parliament signed by at least 100 members of Lok Sabha or 50 members of Rajya Sabha, alleging misconduct or incapacity. This ensures that removal is not arbitrary and maintains the integrity and autonomy of the judiciary.
Procedure for Impeachment
The procedure is elaborately described under Articles 124(4) and 124(5). Once the motion is admitted, a three-member committee (comprising a Supreme Court judge, Chief Justice of a High Court, and a distinguished jurist) investigates the allegations. If the committee finds the judge guilty, the motion is debated in both Houses of Parliament. For the judge to be removed, it must be passed by a two-thirds majority of members present and voting in each House. After parliamentary approval, the President orders removal, thereby formally ending the judge’s tenure. This rigorous process ensures that judicial independence is not compromised by political influence.
Significance and Importance
Impeachment is a rare and last-resort mechanism to maintain judicial accountability. It protects the independence of the judiciary by making removal difficult, ensuring judges can perform duties without fear or favor. At the same time, it provides a mechanism to remove corrupt or incapacitated judges, maintaining public trust in the judicial system. This balance between accountability and independence is essential for a robust democratic system, reinforcing the rule of law and protecting constitutional values from judicial malfeasance.
Real-Time Example
In India, only one Supreme Court judge has faced impeachment proceedings — Justice V. Ramaswami in 1993. The motion was initiated in the Lok Sabha, alleging misbehavior and misuse of office. However, the motion failed to achieve the required two-thirds majority in Parliament, and he continued until retirement. This case illustrates how impeachment is a highly demanding process, safeguarding judges from arbitrary political pressure while ensuring that serious misconduct can be investigated thoroughly.
Mnemonic to Remember – “RAPID”
R – Removal only by Parliament
A – Allegations of misbehavior or incapacity
P – Parliamentary committee investigates
I – Involves two-thirds majority in both Houses
D – Directed by the President after approval
The mnemonic “RAPID” helps recall the impeachment procedure: Removal, Allegation, Parliamentary investigation, Involvement of two-thirds, and Directed by President — emphasizing the careful balance of accountability and judicial independence.
About lawgnan:
Understand the Impeachment of Supreme Court Judges in India in depth at Lawgnan.in. This article explains the constitutional provisions under Articles 124(4) and 124(5), detailing how judges can be removed for proven misbehavior or incapacity. Learn the step-by-step impeachment process, the role of Parliament and the President, and how this ensures judicial accountability without compromising independence. Essential for law students, judiciary aspirants, and UPSC candidates, it also discusses landmark cases like Justice V. Ramaswami’s proceedings, illustrating the rare yet vital safeguard that upholds the integrity of India’s judicial system and the rule of law.
