Big Jolt to Judiciary: How Many Judges Faced Impeachment in 32 Years?

Big Jolt to Judiciary: How Many Judges Faced Impeachment in 32 Years?

News that the Central Government is considering an impeachment motion against Justice Yashwant Verma has sent shockwaves through judicial circles. A Supreme Court-appointed inquiry committee found him guilty after a significant amount of burnt cash was discovered at his Delhi residence, leading to his transfer from the Delhi High Court to the Allahabad High Court. The then Chief Justice Sanjeev Khanna had written to the President and Prime Minister recommending impeachment proceedings against Justice Verma, who reportedly refused to resign. This isn’t the first time a judge has faced such serious allegations. Over the past 32 years, India’s judicial history has seen several instances where judges have had to face impeachment proceedings. This process, outlined in Article 124(4) of the Constitution for Supreme Court judges and Article 218 for High Court judges, is a complex and lengthy one. To remove a judge from office, it requires the support of at least two-thirds of the members present and voting in both houses of Parliament. Additionally, the number of votes in favor must exceed 50% of the total membership of each house.

The impeachment procedure is governed by the Judges (Inquiry) Act, 1968, which mandates that the motion must be presented by at least 100 members in the Lower House and 50 members in the Upper House. Following the motion, a three-member committee is formed, headed by the Chief Justice of India or a Supreme Court judge. This committee investigates the allegations and, if found guilty, submits its report to the presiding officer. If the report finds the judge guilty, the report is adopted by the house, and then a motion is moved in each house of Parliament, addressing the President to remove the judge. The first impeachment proceedings in India were initiated in 1993 against former Supreme Court judge Justice V. Ramaswami on grounds of financial irregularities, though the motion was unsuccessful. Subsequently, in 2011, Justice Soumitra Sen of the Calcutta High Court faced corruption charges and resigned just days before the motion was to be debated in the Lok Sabha. Similarly, in 2015, Justice S.K. Gangele of the Madhya Pradesh High Court faced sexual harassment allegations but was later exonerated. Attempts to impeach Justice J.B. Pardiwala of the Supreme Court in 2015 and Justice C.V. Nagarjuna of the Andhra Pradesh and Telangana High Court in 2017 also failed. In 2018, an attempt to impeach former Chief Justice of India Deepak Misra was dismissed by the Rajya Sabha Chairman. More recently, in 2024, an impeachment notice was brought against Justice Shekhar Yadav of the Allahabad High Court over controversial remarks, once again igniting debate on judicial integrity and accountability.

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