Judges (Inquiry) Act, 1968

About Judges (Inquiry) Act, 1968

• Judges (Inquiry) Act, 1968 explains the procedure for the removal of judges from office through parliamentary process.
• Constitutional Backing: The Constitution provides that a judge can be removed only by an order of the President based on a motion passed by both Houses of Parliament.
  • Article 124 deals with the removal of a Supreme Court judge, while
  • Article 218 deals with the removal of a High Court judge.
  • Note: The Constitution does not use the word ‘impeachment’, but the term is commonly used for these proceedings.
• Grounds for Removal: A judge may be removed from office on the grounds of ‘proven misbehaviour or incapacity’.
• Initiating the Motion: An impeachment motion may originate in either House of Parliament.
  • At least 100 Lok Sabha members or 50 Rajya Sabha members must submit a signed notice to the Speaker or Chairman respectively.
  • The Presiding Officer may admit or reject the motion after examining the material.
• The 3-Member Inquiry Committee: If the motion is admitted, a three-member committee is formed consisting of a Supreme Court judge, the Chief Justice of a High Court, and a distinguished jurist.
• Parliamentary Procedure:
  • The Investigation: The committee conducts the investigation and allows the judge to present a written defence.
  • Report Submission: The committee submits its report to the Speaker or Chairman, who lays it before Parliament.
  • Special Majority: The motion must be passed by a majority of the total membership and by at least two-thirds of members present and voting in both Houses.
  • Presidential Order: After approval in both Houses, the motion is sent to the President for removal of the judge.