Explained| Impeachment Of A Sitting Judge: Procedure & Precedents

Allahabad High Court Judge, Justice Shekhar Kumar Yadav, is the subject of an impeachment motion against him in Rajya Sabha for the controversial remarks made by him against the Muslim community at an event organized by the Vishwa Hindu Parishad. “ A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-third of the members of the House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehavior or incapacity” “Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehavior or incapacity of a Judge under clause ” Article 217 provides a similar procedure and grounds for impeachment as under Article 124. Impeachments InThe Past : Failed attempts Notably, in the history of independent India, impeachment against a sitting Supreme Court or High Court Judge has been initiated or attempted to be initiated formally only 4 times. Justice SK Gangele - Madhya High Court Judge, Justice SK Gangele also faced a motion of impeachment on charges of sexual harassment. Justice JB Pardiwala - Justice Pardiwala who is presently serving as a Supreme Court Judge faced an impeachment attempt when he was in Gujarat High Court in 2015.