Impeachment Of Cheif Justice Of India

Method of removal of Chief Justice Although the word impeachment is also used for the discharge of judges in colloquial language, but the word impeachment was not used for this in the constitution.

Is Two articles are important in this regard- one 124(4) and the other 124(5) [124(4) it provides that a judge of the Supreme Court can be removed only on the ground of proved misbehavior and incapacity and 124 (5) Empowers Parliament to make laws in this regard. Thus the Parliament passed the 'Judges (Jan) Act, 1968' with reference to the discharge of judges.

Now the method of removal of Supreme Court judges is as follows:- 

• First of all, a motion to remove the judge is introduced in either house of the Parliament. Provided that such a motion (with the signature of 100 members in the Lok Sabha or 50 members in the Rajya Sabha) can be made to the Speaker or the Chairman.

• The Speaker or the Chairman has to decide. Whether the offer is acceptable or not? In this regard he may consult such persons as he thinks fit for the purpose and may also consider suitable material and facts. If it decides that the offer is not acceptable, the offer ends    

• If the Speaker or the Chairman accepts the motion, he has to constitute a committee of three persons, one of whom should be the Chief Justice or other Judge of the SupremeCourt: the other should be the Chief Justice of a High Court and the third should be an accomplished jurist. 

• This committee has to inquire whether the said judge is guilty of misconduct or suffers from incapacity.If the committee comes to the conclusion thatthe judge is neither guilty of misconduct nor incapable, the process ends here. But if the committee finds him guilty or incapable of misconduct, the report of the committee alongwith the original motion is presented in the same House where the motion was initiated.

• The condition of the passage of this resolution is that it should be passed by both the houses separately.In both the Houses, this resolution must be passed by a majority of the total number of members of the House and two-thirds majority of the members present and voting.

• After this, both the houses send the passed resolution to the President and the President issues an order to remove the judge from office.

• A condition has also been given in Article-124(4) that all this process should be completed in a single session of Parliament. How ever, the Supreme Court in'v. Ramaswamy, that the impeachment resolution does not lapse even if the LokSabha is dissolved during the process of impeachment of a judge.