A motion to impeach Justice Shekhar Kumar Yadav, a judge of the Allahabad High Court, has been submitted in the Rajya Sabha. The motion was signed by 55 Rajya Sabha MPs, exceeding the required threshold of 50 members to initiate the impeachment process. This development underscores the importance of judicial accountability and preserving the integrity of the judiciary.

Key Constitutional Provisions

While the Constitution does not explicitly use the term impeachment, it provides for the removal of judges under:

• Article 124: Pertains to the removal of Supreme Court judges.
• Article 218: Governs the removal of High Court judges.
• Grounds for Removal: Proven misbehavior or incapacity (undefined in the Constitution).
• Regulatory Framework: The process is governed by the Judges (Inquiry) Act, 1968.

Steps in the Impeachment Process

1. Initiation
   • A motion must be signed by:
     • 100 members of Lok Sabha or
     • 50 members of Rajya Sabha.
   • The motion is then submitted to the Presiding Officer of the respective House.
2. Investigation
   • Upon admission of the motion, a three-member committee is constituted, comprising:
     • The Chief Justice of India (or a Supreme Court judge).
     • A High Court Chief Justice.
     • A distinguished jurist.
   • The committee conducts an investigation and submits its findings to the Speaker/Chairman.
   • The report is then presented before the respective House of Parliament.
3. Parliamentary Approval
   • If the committee finds the judge guilty, the report is adopted by the initiating House.
   • Both Houses must debate and approve the motion with a special majority:
     • Two-thirds of the members present and voting.
     • A majority of the total membership of the House.
4. Presidential Action
   • Once approved by both Houses, the motion is sent to the President of India for final approval.

Historical Context

Since India’s Independence, six attempts have been made to impeach judges, but none have been successful. This highlights the rigorous and intricate nature of the impeachment process, designed to balance judicial independence with accountability.

Significance of Judicial Impeachment

• Ensuring Accountability: The process reinforces public trust by addressing allegations of misconduct or incapacity.
• Preserving Integrity: Upholds the judiciary’s role as the guardian of the Constitution by ensuring that judges adhere to the highest ethical standards.
• Deterrence: The mere provision of impeachment serves as a deterrent against judicial impropriety.