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4th June 2025 (13 Topics)

Impeachment of High Court Judge

Context

The Union Government plans to initiate an impeachment motion against Justice Yashwant Varma of the Allahabad High Court, following a committee indictment over unaccounted cash found at his Delhi residence. The Chief Justice of India has formally recommended his removal after he refused to resign.

Constitutional Provisions:

  • Article 217(1)(b) read with Article 124(4):
    • High Court judges can be removed only by impeachment, on the grounds of proved misbehaviour or incapacity.
    • Procedure is identical to that of Supreme Court judges.
  • Judges (Inquiry) Act, 1968:
    • Provides the detailed statutory framework for impeachment, including:
    • Formation of an inquiry committee.
    • Procedure for investigation.
    • Report submission before initiating impeachment.
  • Initiation Process:
    • Requires 100 Lok Sabha MPs or 50 Rajya Sabha MPs to sign a notice.
    • After admission, an inquiry committee is set up.
    • If the committee finds the judge guilty, the motion is debated and voted upon in both Houses.
    • A special majority is required (majority of total membership and 2/3rd of members present and voting in both Houses).
  • Article 124(5):
    • Allows Parliament to make laws to regulate the procedure for investigation and proof of misbehaviour or incapacity.
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