Challenges Ahead for Impeachment Proposal Against Justice Verma

Impeachment Proposal Faces Significant Hurdles

The central government may consider advancing an impeachment motion against Justice Yashwant Verma during the upcoming monsoon session, but successfully executing this plan is likely to be quite challenging. Historically, previous attempts at impeachment have not reached a conclusion, indicating that a combination of a complex process and political will is essential for success.

Previous Impeachment Attempts

Before the case of Justice Verma, there have been six instances where impeachment motions were proposed against judges. The first was Justice J.V. Ramaswami, who faced impeachment proceedings in 1993, but the motion failed to secure the necessary two-thirds majority in the Lok Sabha.

The second case involved Justice Soumitra Sen of the Calcutta High Court, who resigned in 2011 after the Rajya Sabha passed an impeachment motion against him, marking him as the first judge to face such action for misconduct.

In 2015, 58 members of the Rajya Sabha issued a notice against Justice J.B. Pardiwala of the Gujarat High Court for controversial remarks regarding reservations. However, the notice was shelved after the judge retracted his comments.

That same year, over 50 members of the Rajya Sabha signed a motion to remove Justice S.K. Ganguly, who was accused of sexual harassment by a former district judge. The inquiry committee later deemed the evidence insufficient, leading to the abandonment of the motion.

In 2017, a proposal was introduced against Justice C.V. Nagarjuna Reddy of the Andhra Pradesh and Telangana High Court, but it did not progress.

Lastly, in March 2018, opposition parties drafted a motion for the impeachment of Chief Justice Dipak Misra, but this proposal also failed to advance.

Understanding the Impeachment Process

The impeachment process for judges of the Supreme Court and High Courts follows a similar protocol. It begins with Article 124(4) and 218, progressing through the Judges Inquiry Act of 1968, culminating in a decision by the President to remove the judge from office.

To date, no impeachment motion against a judge in India has been successfully concluded. Article 124(4) of the Constitution outlines the procedure for impeaching a Supreme Court judge, while Article 218 extends the same provisions to High Court judges.

Initiating Impeachment Recommendations

According to Article 124(4), a judge can only be removed through a parliamentary process based on proven misconduct or incapacity.

If the Chief Justice recommends impeachment against a High Court or Supreme Court judge to the President or government, the decision to proceed lies with the President's approval or the government's discretion. A minister or member from the ruling party in either house of Parliament must gather support from other members for the proposal.

Once the motion garners the backing of 50 members in the Rajya Sabha or 100 in the Lok Sabha, it is presented to the Speaker of the House. The subsequent proceedings follow the Judges Inquiry Act of 1968, where the Speaker may consult specific individuals before advancing or dismissing the proposal.

The Speaker forms a three-member committee, including a jurist, a Supreme Court judge, and a Chief Justice of a High Court, to investigate the allegations. After the investigation, the committee submits its report to the Speaker.

The judge facing the impeachment motion can present their defense before the committee. Following the committee's report, the House will discuss it, requiring a two-thirds majority for the motion to pass. Once approved by both houses, the motion is sent to the President, who will issue the order for the judge's removal.