Allahabad High Court Judge Impeachment
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Allahabad High Court Judge Impeachment

Context:

The Opposition in the Rajya Sabha is preparing to move a motion for the impeachment of an Allahabad High Court judge who made controversial remarks allegedly inciting communal hatred. 

Constitutional Provisions:

  • Article 124(4): Judges of the Supreme Court can only be removed through a Presidential order, passed after a majority vote in both Houses of Parliament.
  • Article 218: The same removal procedure applies to High Court judges.
  • The impeachment process maintains judicial independence by requiring a high threshold for removal thus minimizing the possible political influence.

Grounds for Impeachment:

A judge can be impeached on two main grounds:

  • Proved misbehaviour
  • Incapacity

This is further clarified in the Judges (Inquiry) Act, 1968, and includes:

  • Misuse of office
  • Grave offences undermining the judge’s integrity
  • Contravention of constitutional provisions. 

Impeachment Procedure Under the Judges Inquiry Act, 1968:

Initial Step: To initiate the impeachment process, the motion must be signed by at least 100 MPs in Lok Sabha and 50 MPs in Rajya Sabha. Further, the Speaker or Chairman decides whether to admit the motion.

Committee Formation:

  • Once the motion is adopted, the Speaker or Chairperson of the respective House forms a three-member inquiry committee:
  • Headed by: Chief Justice of India or a Supreme Court judge.
  • Second Member: Chief Justice of any High Court.
  • Third Member: Distinguished jurist appointed by the Speaker or Chairman.

Inquiry Process:

  • The committee investigates the allegations, cross-examines witnesses, and sets its procedure.
  • In cases involving mental incapacity, the committee may request a medical examination.

Outcome of the Inquiry:

  • If the committee finds the judge not guilty, the motion is dismissed and the process ends.
  • If found guilty, the findings are reported back to the originating House for the removal of the guilty judge.

Impeachment Process/Parliamentary Voting:

  • Motion Introduction: The motion for impeachment can be introduced in either Lok Sabha or Rajya Sabha.
  • Approval Requirement: The motion must be approved by two-thirds of the MPs present and voting in both Houses of Parliament, and a majority of the total membership of each House. 
  • Presidential approval: Following approval by Parliament, the President issues an order for the judge’s removal.
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