Impeachment process of judges in India and other countries – A comparison

1. Impeachment process of judges in
India and other countries
– A comparison
Submitted by
Muskan Sanghi
BBA LLB

2. Impeachment In India
 There is no Impeachment of Indian judges mentioned in the Indian
Constitution. Articles 124 (4), 217 and 218 only talk about the removal of judges and not
their Impeachment.
 The word impeachment is used only for the removal of President of India.
 Removal of Judges in India
Article 124 (4) - Removal of Supreme court Judges
Article 217 - Removal of High court judges
Article 218 - Removal of High court judges
The Judges (Inquiry) act 1968 – Process of removal of Judges

3.  Grounds for removal
1. Proven Misbehavior
2. Incapacity
These grounds are investigated by a committee under Sec 3(2)(a) of Judges (inquiry)
Act
1. One person among the CJI and other Sc judges
2. One person among the CJH and other Hc judges
3. Distinct jurist in opinion of Speaker or the Chairman

4. Procedure for Removal
 A motion is moved by
- 100 members in case of Lok Sabha.
- 50 members in case of Rajya Sabha.
 The motion has to be then admitted by the speaker or the chairman.
 Once admitted, an inquiry committee is constituted.
 The committee frames charges and the judge is given a chance to represent his
case in writing.
 He may be medically examined by the committee in case of physical or mental
incapacity.
 The committee finally lays the report in which the judge is either found guilty or not
guilty.
 If the judge is not found guilty the motion ends there itself.
 If the judge is found guilty then another procedure follows.

5. After Judge is found guilty
 Once the committee submits its report in which it has found the judge to be guilty-
 The motion is then continued in the house in which it was initiated.
 A debate takes place wherein the judge/ his representative is given an equal
chance to represent their case.
 Such a debate is followed by voting
 The impeachment requires a special voting
- 2/3 of present and voting and
- ½ of total members
 Once it receives the majority such a voting is again repeated in the other house.
 Finally it is submitted to the president and the judge is removed.

6. Timeline of Indian Judges Impeached So
far
1993
• Justice V.Ramaswami
• Motion was brought up in Lok Sabha but failed to secure majority and hence he was not removed.
2011
• Justice Soumitra Sen (Calcutta High Court)
• After the majority vote in upper house was received, he immediately resigned
2011
• Justice P.D.Dinakaran (Sikkim High Court)
• He resigned before the impeachment process was initiated just after the inquiry committee was set up.
2015
• Justice J.B. Pardiwala (Gujarat High Court)
• After the motion was sent to the president, he removed the contradicting wordings from the judgement

7. Impeachment of Judges in USA
 Different processes are followed for removal of judges at the Federal and state
constitutions.
 The removal is generally a two steps process.
 With respect to federal judges,
- Under Article I of the United States Constitution, the House of
Representatives has the power to impeach, and the Senate the power to hold a trial to
determine whether removal is appropriate.
-The House can impeach a judge with a simple majority.
-However, a judge may only be removed from office following a
trial and a vote to convict by a two-thirds majority of the Senate.

8. Removal of State Judges
 Most states’ procedures for the impeachment and removal of judges are similar to
the federal approach.
 Pennsylvania for example, requiring a majority vote of the lower house in the
legislature and a two-thirds vote of the upper house.
 But in some states (including New York and Nebraska), the trial following
impeachment is conducted by a court comprised of state officials and/or state
judges.
 And in others the number of votes required to impeach or convict differ

9. Impeachments in USA
15 impeached in House of
Representatives
8 convicted in The
Senate
2 in the state

10. India USA
The process is known as removal of judges The process is known as Impeachment of Judges.
• The process of removal of center level and state level
judges is same.
• The process is different for federal judges and
state judges
The process can begin at either house of the parliament.
• The process has to begin at the house
of representatives.
• A special majority is required at both the houses. • The house of representatives require simple majority
and the Senate requires 2/3 majority.
• The grounds for removal are misbehavior and
proven incapacity.
The grounds for impeachment are Treason, Bribery, and
other high crimes and misdemeanors.
The trial is done in the same house where the motion has
been initiated
• Once impeached in the house of Representatives, trial
takes place in the Senate.

11. References
 Articles of the Constitution of India
124 (4) - Removal of Supreme court Judges.
217 & 218 – Removal of High court judges.
 The judges (Inquiry) act 1986
 List of Judges Impeached, (https://www.thehindu.com/news/national/list-of-judges-
who-faced-impeachment-proceedings/article18578156.ece)
 Impeaching a supreme court justice
explained, (https://www.vox.com/2018/9/27/17910524/supreme-court-impeach-
impeachment-brett-kavanaugh)
 Impeachment and removal
of Judges, (https://www.brennancenter.org/blog/impeachment-and-removal-judges-
explainer)