Impeachment of judges

The procedure relating to the removal of a judge of the Supreme Court is regulated by
the Judges Inquiry Act, 1968, by the process of impeachment. There are two grounds
for removal - proved misbehaviour or incapacity.

Article 124  A judge of the Supreme Court can be removed from his office by an
order of the President. The President can issue the removal order after an address by
the Parliament, supported by a special majority of each House of Parliament (that is, a
majority of the total membership of that House and a majority of not less than two thirds
of the members of that house present and voting), has been presented to the President in
the same session of Parliament for such a removal.

The step-wise process is:

1. A removal motion signed by 100 members (in case of Lok Sabha) or 50 members
(in case of Rajya Sabha) is to be given to the Speaker/Chairman. (The removal
motion can be introduced in any of the two Houses of Parliament).

2. The Speaker/Chairman may admit and reject the motion.

3. If it is admitted, then the Speaker/Chairman is to constitute a three-member

committee to investigate into the charges. The Committee should consist of the
Chief Justice or a judge of the Supreme Court, a chief justice of a high court and a
distinguished jurist.

4. If the committee finds the judge to be guilty of the charges (misbehaviour or

incapacity), the House in which the motion was introduced, can take up the
consideration of the motion.

5. Once, the House in which removal motion was introduced passes it with special
majority, it goes to the second House which also has to pass it with special
majority.

6. After the motion is passed by each House of the Parliament by special majority, an
address is presented to the President for removal of the judge.

7. Finally, the President passes an order removing the judge.

So far, no judge of the Supreme Court has been impeached.

So far  against only 2 cases:

1. Justice V Ramaswami of the Supreme Court (1991-1993)  an impeachment

motion was initiated and the Inquiry Committee found the judge guilty. But, this
motion was defeated in the Lok Sabha.
2. Justice Nagarjuna Reddy

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Impeachment case of Justice Nagarjuna Reddy:

Allegations:

 Interference in the judicial process in several cases; and

 Caste slurs  including death threats against Dalit Junior Civil Judge Sanku
Rama Krishna at the courts in Rayachoti, a town in Andhra Pradesh’s Kadapa
district. Rayachoti is also Justice Nagarjuna Reddy’s hometown.