Impeachment of High Court Judge

Why in news?

The Opposition INDIA bloc parties in Rajya Sabha are preparing to give notice to move a motion to impeach Allahabad High Court judge Justice for his remarks at an event organized by the Vishwa Hindu Parishad last week.

Why is the opposition planning to move a motion for impeachment?

• Allegations of judicial misconduct – Remarks at the Vishwa Hindu Parishad event were reportedly inflammatory and targeted on minority communities.
• Breach of judicial code of conduct – Judges are expected to refrain from making public statements or engaging in activities that could compromise their neutrality or reflect personal biases.
• Perception of partiality – Statements favoring specific ideologies can create a perception of bias, especially when the judge is tasked with ruling on matters of public or constitutional significance.
• Undermining judicial integrity – When a judge publicly aligns with political or ideological stances, it risks blurring the separation between judiciary and politics.
• The Opposition argues that initiating this process is essential to ensure that judges adhere to the highest ethical standards.

What are the constitutional provisions for high court judges?

• Establishment and Composition – Article 214 establishes a High Court for each state or a group of states.
• Article 216 provides the composition of the High Court, including the Chief Justice and other judges as deemed necessary.
• Article 217 – Deals with the appointment, qualifications, conditions of office, and tenure of High Court judges.
• Appointment – The President appoints High Court Judges in consultation with the following:
  • Chief Justice of India,
  • Governor of the State,
  • Chief Justice of the High Court.
• Qualifications – Must be an Indian citizen  and,
  • Have at least 10 years of experience as an advocate of a High Court of India,
  • Have at least 10 years of experience as a judicial officer.
• Tenure – High court judges serve until the age of 62 unless impeached.
• Removal – Article 124(4) specifies grounds for removal, including "proved misbehavior" or "incapacity."
• Article 218 applies provisions of Article 124, clauses (4) and (5), to High Courts.
• These provisions detail the process for removing a Supreme Court judge, including an inquiry and a two-thirds majority vote in Parliament.
• Article 218 applies equally to High Court and Supreme Court judges.
• Article 215 – Gives every High Court the power to punish for contempt of itself.
• Article 50 – States that the state must take steps to separate the judiciary from the executive in the public services of the state.
• Article 221 – Provides for the salaries and allowances of High Court judges, ensuring they cannot be reduced during their term except during a financial emergency.

What are the roles and responsibilities of a judge?

• Delivering justice – A judge must ensure fair and unbiased adjudication based on facts, evidence, and the law.
  • Upholding constitutional morality and the rule of law is a key responsibility.
• Interpreting and applying laws – Judges interpret statutory and constitutional provisions to address legal disputes.
  • Their rulings often create precedents, shaping the legal framework of the country.
• Protecting fundamental rights – Judges act as custodians of citizens’ fundamental rights, often intervening when these rights are violated.
• Maintaining judicial integrity – They must conduct themselves in a manner that reinforces public confidence in the judiciary, avoiding controversies or conflicts of interest.

What is the procedure for impeachment of judges?

• While the Constitution does not use the word ‘impeachment’, it is colloquially used to refer to the proceedings under Article 218 Article 124(4).
• The procedure for removal of judges is elaborated in the Judges Inquiry Act, 1968.
• Initiation of the motion – Requires at least 100 members’ signatures in Lok Sabha or 50 members in Rajya Sabha.
  • This motion is then submitted to the Speaker (Lok Sabha) or the Chairman (Rajya Sabha).
  • Based on this, he or she may decide to either admit the motion or refuse to admit it.
• Formation of an inquiry committee – If the motion is admitted, a three-member committee is constituted by the presiding officer. The committee includes:
  • Chief Justice of India or a Supreme Court judge.
  • A High Court Chief Justice.
  • A distinguished jurist nominated by the Speaker/Chairman.
• Committee’s role – The committee investigates the allegations and frames charges against the judge.
• If the judge is found guilty, the report is submitted and takes up for debate in the House where the motion is originated and if found not guilty, the process ends.
• Parliamentary voting – For removal, both Houses must approve the motion with:
  • A majority of the total membership  and
  • A two-thirds majority of members present and voting.
• Presidential approval – Following approval by Parliament, the President issues an order for the judge’s removal.

What are the instances of impeachment?

• While no judge has been successfully impeached so far in India’s but there are many instance impeachment motions are initiated in the parliament.

What lies ahead?

• Ensuring a fair inquiry is critical to balance judicial independence with accountability.
• Strengthen internal ethics committees within the judiciary.
• The controversy highlights the need for judges to remain impartial and avoid engaging in any activity that might cast doubt on their neutrality.

References

1. The Indian Express | Motion to Impeach Allahabad HC Judge
2. PRS | Removal of Judges from Office