Impeachment of Judges Article 124 — A three-member inquiry committee has found charges “proved” against former Delhi High Court judge Justice Yashwant Varma. This brings into focus the constitutional mechanism for removal of judges under Article 124(4) and the Judges (Inquiry) Act, 1968. Here is a comprehensive UPSC-focused analysis.
Why in News: Impeachment of Judges Article 124
A three-member inquiry committee constituted by the Lok Sabha Speaker, Om Birla, has found the charges “proved” against former Delhi High Court judge Justice Yashwant Varma over the discovery of burnt currency at his residence. The committee’s report, tabled in both Houses of Parliament, said the judge had failed to provide a satisfactory explanation regarding the presence, source, or ownership of the cash.
Key Facts for Prelims: Impeachment of Judges Article 124
- The removal/impeachment procedure is governed by Article 124(4) and 124(5) of the Constitution and the Judges (Inquiry) Act, 1968.
- Grounds for removal: A Supreme Court judge can be removed only on two grounds — Proved misbehaviour and Incapacity.
- Removal motion must be signed by: Lok Sabha — at least 100 members; Rajya Sabha — at least 50 members.
- The Speaker of Lok Sabha or Chairman of Rajya Sabha may admit or refuse to admit the motion.
- Three-member Inquiry Committee consists of: One Supreme Court judge, One Chief Justice of a High Court, and One distinguished jurist.
- Special majority required: Majority of total membership of the House + at least 2/3 of members present and voting — in both Houses in the same session.
- If charges are not proved, the removal process does not proceed on that motion.
Static Exam Link
Prelims: Article 124(4), Judges (Inquiry) Act 1968, removal procedure, special majority
Mains GS-II: Independence of judiciary, accountability of judges, judicial reform
Quick Revision Table: Impeachment of Judges Article 124
| Step | Detail |
|---|---|
| Step 1: Motion introduced | Signed by 100 LS members or 50 RS members |
| Admission | Speaker (LS) or Chairman (RS) may admit or refuse |
| Step 2: Inquiry Committee | 3 members — SC judge + HC Chief Justice + distinguished jurist |
| Step 3: Investigation | Committee examines if misbehaviour/incapacity is proved |
| Step 4: Voting | Both Houses pass with special majority in same session |
| Grounds | Only two — Proved misbehaviour and Incapacity |
| Governing law | Article 124(4)-(5) + Judges (Inquiry) Act, 1968 |
Trap / Confusing Points: Impeachment of Judges Article 124
- Trap: A judge can be removed by simple majority — Wrong! Removal requires a special majority: majority of total membership + 2/3 of members present and voting, in both Houses.
- Trap: Removal motion needs 100 members in both Houses — Wrong! It requires 100 members in Lok Sabha but only 50 members in Rajya Sabha.
- Trap: The inquiry committee has 5 members — Wrong! The inquiry committee has only 3 members: one SC judge, one HC Chief Justice, and one distinguished jurist.
- Trap: Judges can be removed for incompetence — Wrong! The only two grounds are “proved misbehaviour” and “incapacity,” not incompetence.
Practice MCQs: Impeachment of Judges Article 124
Q1. Under Article 124(4), a Supreme Court judge can be removed on which grounds?
- a) Proved misbehaviour and incompetence
- b) Proved misbehaviour and incapacity
- c) Corruption and incapacity
- d) Misbehaviour, incapacity, and corruption
Answer: b) Proved misbehaviour and incapacity
Article 124(4) specifies only two grounds for removal — proved misbehaviour and incapacity.
Q2. A removal motion against a judge in the Rajya Sabha requires the signatures of at least:
- a) 25 members
- b) 50 members
- c) 100 members
- d) 75 members
Answer: b) 50 members
In the Rajya Sabha, a removal motion must be signed by at least 50 members. In the Lok Sabha, it requires at least 100 members.
Q3. The three-member inquiry committee for judge removal consists of:
- a) Three Supreme Court judges
- b) Two SC judges and one jurist
- c) One SC judge, one HC Chief Justice, and one distinguished jurist
- d) One SC judge and two HC Chief Justices
Answer: c) One SC judge, one HC Chief Justice, and one distinguished jurist
Under the Judges (Inquiry) Act, 1968, the committee comprises one SC judge, one HC Chief Justice, and one distinguished jurist.
Q4. The special majority required for passing a removal motion against a judge is:
- a) Simple majority of members present and voting
- b) 2/3 of total membership
- c) Majority of total membership + 2/3 of members present and voting
- d) 3/4 of members present and voting
Answer: c) Majority of total membership + 2/3 of members present and voting
Each House must pass the address with this special majority in the same session.
Q5. The Judges (Inquiry) Act governing the removal procedure of judges was enacted in:
- a) 1950
- b) 1956
- c) 1968
- d) 1976
Answer: c) 1968
The Judges (Inquiry) Act was enacted in 1968 to regulate the procedure for investigation and proof of misbehaviour or incapacity of judges.
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