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UPSC » Daily News Analysis ‘Removal of Judges: The Constitutional and Statutory Framework’ : 22 January

Daily News Analysis ‘Removal of Judges: The Constitutional and Statutory Framework’ : 22 January

Table of Content

Why in News? 

  • In December 2025, 107 MPs of the INDIA bloc submitted a notice of motion to the Lok Sabha Speaker seeking the removal of Justice G.R. Swaminathan (Madras High Court) over alleged violations of secular principles.

Judicial Removal

  • Constitutional Articles:
    • Article 124(4) & (5): Lay down the grounds and procedure for the removal of Supreme Court judges.
    • Article 217(1)(b) & 218: Extend the same procedure and grounds to High Court judges.
  • The Term “Impeachment”: Strictly speaking, the Constitution uses “impeachment” only for the President (Article 61). For judges, it uses the term “removal.”
  • Grounds for Removal: Only two “Proved misbehaviour” or “Incapacity.” These terms are not defined in the Constitution but interpreted by the SC as conduct involving corruption, lack of integrity, or wilful abuse of office.
  • Statutory Framework: The Judges (Inquiry) Act, 1968 and its 1969 Rules provide the specific steps for investigation.
  • Initiation of Motion: 
    • Lok Sabha: Notice must be signed by at least 100 members.
    • Rajya Sabha: Notice must be signed by at least 50 members.
  • Role & Discretion of the Presiding Officer:  The Speaker (LS) or Chairman (RS) acts as a statutory authority.
    • They have the absolute discretion to admit or refuse the motion. If rejected at this threshold, the motion lapses immediately.
    • This discretion can be challenged in court as it is a statutory act, not a purely legislative one.
  • Three-Member Inquiry Committee: If the motion is admitted, a committee is formed comprising: A Supreme Court Judge (or the CJI), A Chief Justice of a High Court, A distinguished jurist.
  • Voting Threshold (Special Majority): If the committee finds the judge guilty, the motion must be passed in each House by:
    • A majority of the total membership of that House.
    • A majority of not less than two-thirds of the members present and voting.
  • Final Step: After Parliament’s address, the President passes the final order for removal.