PROCEDURE FOR REMOVING A HC JUDGE

PROCEDURE FOR REMOVING A HC JUDGE

• Recently, 55 Members of Parliament (MPs) from the Rajya Sabha submitted a motion for the removal of Justice Shekhar Kumar Yadav, a judge at the Allahabad High Court. This motion was presented due to allegations of misbehaviour.
• Justice Shekhar Kumar Yadav, a judge of the Allahabad High Court, is currently facing a motion for impeachment due to controversial remarks he made at a Vishwa Hindu Parishad (VHP) event in December 2024.
• The remarks, which allegedly targeted minorities and advocated for a uniform civil code, have sparked significant political controversy.
• The Supreme Court has taken suo motu cognizance of the matter, seeking a detailed report from the Allahabad High Court regarding the comments made by Justice Yadav.

OPPOSITION’S MOTION FOR IMPEACHMENT

• The Opposition INDIA bloc in the Rajya Sabha has initiated a motion to impeach Justice Yadav.
• As of Now, 55 MPs ( required only 50) have signed the petition for impeachment. The INDIA bloc has a total of 85 MPs in the Rajya Sabha.
• The motion could be formally moved soon, depending on the final signatures and political developments.

CONSTITUTIONAL PROVISIONS

The Indian Constitution provides the procedure for the removal of judges under Articles 124 (Supreme Court) and 217 (High Court). A judge can be removed on the grounds of ‘proved misbehaviour’ or ‘incapacity’.

However, these terms are not explicitly defined in the Constitution.

GROUNDS FOR REMOVAL

• Misbehaviour: This includes:
  • Willful misconduct in office
  • Corruption
  • Lack of integrity
  • Offenses involving moral turpitude
• Incapacity: Refers to the physical or mental condition that makes the judge unfit to discharge their judicial duties. This includes both temporary and permanent incapacity.

PROCEDURE FOR REMOVAL

The Judges (Inquiry) Act, 1968 provides the detailed procedure for the removal of judges. This process includes multiple stages to ensure fairness and prevent misuse of the removal mechanism.

• Initiating the Process:
  • A motion for removal must be signed by at least 50 Rajya Sabha MPs and 100 Lok Sabha MPs.
  • The motion is submitted to the Chairman of the Rajya Sabha or the Speaker of the Lok Sabha. The Chairman/Speaker may accept or reject the motion after consulting the relevant parties.
• Formation of Inquiry Committee: If the motion is admitted, an inquiry committee is formed. This committee consists of:
  • Two sitting Supreme Court or High Court judges
  • A distinguished jurist (an expert in law)
• The committee investigates the charges of misbehaviour or incapacity leveled against the judge.
• Findings of the Inquiry Committee:
  • If the committee finds the judge innocent (i.e., no misbehaviour or incapacity), the motion is dropped.
  • If the committee finds the judge guilty of misbehaviour or incapacity, a report is submitted to both Houses of Parliament.
• Parliamentary Approval:
  • The motion for removal must then be passed by a special majority in both Houses of Parliament.
    • Special majority means:
      • A majority of the total membership of both Houses.
      • A two-thirds majority of the members present and voting in both Houses.
  • If the motion passes, the President of India removes the judge from office.

WHAT HAPPENED IN THE CASE OF JUSTICE SHEKHAR KUMAR YADAV?

• Allegations:
  • Justice Shekhar Kumar Yadav is accused of making communally charged remarks at an event organized by the Vishwa Hindu Parishad.
• Judicial Conduct:
  • According to the Reinstatement of Values of Judicial Life adopted by the Supreme Court in 1997, judges are expected to maintain conduct that upholds the impartiality of the judiciary and public confidence.
  • They are not supposed to engage in any actions that undermine the high office they hold.
• Code of Conduct Violation:
  • The Judges (Inquiry) Bill, 2006 (which was not passed) sought to define ‘misbehaviour’ as including violations of the judicial code of conduct.
  • The Bill also suggested minor disciplinary measures like issuing warnings, public or private censure, or even withdrawing judicial work for a limited period for misconduct that doesn’t justify removal.

COMPLEXITY OF REMOVAL PROCESS

• High Threshold for Removal:
  • The process of removing a judge is deliberately stringent to ensure that judges are only removed for serious misconduct or incapacity.
  • The requirement for a special majority in both Houses of Parliament ensures that judges cannot be easily removed based on frivolous or politically motivated accusations.
• Blackstone’s Ratio:
  • The principle of ‘better that ten guilty persons escape than that one innocent suffer’ applies here.
  • The high threshold is designed to protect the independence of the judiciary, ensuring that the removal of judges is based on substantial evidence, not political or external pressures.

POSSIBLE OUTCOMES & CHALLENGES

• The Role of the Rajya Sabha Chairman:
  • The Chairman of the Rajya Sabha, against whom a motion for removal has been submitted, is unlikely to admit the current motion against Justice Yadav.
  • Given that the Chairman himself might face such motions, this raises questions about the impartiality of the process.
• Supreme Court’s Role:
  • The Supreme Court has already issued a notice seeking details of Justice Yadav’s controversial speech. The judge may be called to explain his statements before the Supreme Court Collegium, which consists of senior judges from the Supreme Court.
• The Importance of Judicial Behaviour:
  • It is critical that judges maintain behaviour that is consistent with the high constitutional office they occupy. Judges are expected to display conduct that enhances public confidence in the judiciary and adheres to the values outlined by the Supreme Court.

PAST ATTEMPTS

There have been 6 impeachment attempts since India’s independence, but none have been successful. Here is a summary of these attempts:

• 1st Attempt: Justice V. Ramaswami (1993)
  • Grounds: Financial impropriety (misuse of office).
  • Outcome: The impeachment motion failed despite a guilty finding by the committee. Justice Ramaswami retired a year later.
  • Defense: Kapil Sibal defended Justice Ramaswami in Parliament.
• 2nd Attempt: Justice Soumitra Sen (2011)
  • Grounds: Corruption (financial misconduct).
  • Outcome: The Rajya Sabha impeached Justice Sen, but he resigned before the Lok Sabha could vote, causing the motion to lapse.
• 3rd Attempt: Justice S.K. Gangele (2015)
  • Grounds: Alleged sexual harassment.
  • Outcome: The committee cleared him of charges in 2017, and the impeachment motion was dropped.
• 4th Attempt: Justice J.B. Pardiwala (2015)
  • Grounds: Remarks about reservation and its impact on national progress.
  • Outcome: The Rajya Sabha Chairman, Hamid Ansari, dropped the motion after the controversial remarks were expunged from the judgment.
• 5th Attempt: Justice C.V. Nagarjuna (2017)
  • Grounds: Victimization of a Dalit judge and financial misconduct.
  • Outcome: MPs withdrew their signatures, causing the motion to fail.
• 6th Attempt: Chief Justice Dipak Misra (2018)
• Grounds: Allegations related to judicial independence and functioning.
• Outcome: The Rajya Sabha Chairman, M. Venkaiah Naidu, rejected the motion at the preliminary stage.

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