Impeachment of Judges: Recently, Allahabad High Court Judge Shekhar Kumar Yadav gave a controversial statement in a program of Vishwa Hindu Parishad. Justice Shekhar Kumar Yadav is being criticized everywhere after he made objectionable comments on minorities. Not only this, a letter has also been written to the Chief Justice of the Supreme Court and a complaint has been made to take action against Justice Shekhar Kumar Yadav in this matter. Apart from this, the alliance of opposition parties is preparing to bring an impeachment motion against Allahabad High Court Judge Shikhar Kumar Yadav. Let us tell you how impeachment is brought against a judge and who gives the final decision on it.
How is impeachment brought against a judge?
Under Article 124(4) of the Indian Constitution, impeachment can be initiated against any judge of the Supreme Court. So, under Article 218 of the Constitution, the same provisions apply to High Court judges also. According to Article 124 (4) of the Indian Constitution, misbehavior and incompetence, i.e. proven misconduct and incompetence, have been considered grounds for the removal of a judge under the impeachment process by the Parliament.
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What is the process of impeachment?
Impeachment of judges can be brought in any house of the Parliament. This requires the support of at least 100 members in the Lok Sabha. Whereas in Rajya Sabha, signatures of 50 members are required for this. After this proposal is received, an inquiry committee is formed by the Parliament. After this the inquiry committee submits its report to the Parliament.
After this it is debated in both the houses of the Parliament. In which the judge is also given a chance to present his side. To pass the impeachment motion, majority is required and the decision is taken by the Parliament. The final seal on it comes from the President of India.
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Who is included in the inquiry committee?
Now the question arises as to the investigation committee that is formed after the impeachment motion brought by the Parliament. Who all participate in them? After the impeachment motion, the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha together form a three-member committee for investigation. The chairmanship of this committee is handed over to the Chief Justice of the Supreme Court or any other judge. The Chief Justice of any High Court is included in this committee. At the same time, an eminent jurist is also included on behalf of the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha.
Who has the final decision?
After the motion of impeachment in the Parliament, when the investigation committee completes its report and submits it to the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha. After this, the report is debated in both the houses. If the allegations made in the investigation report are not found true, then the motion is rejected there itself. But you are found to be right. Then both the Houses recommend the President to remove the accused judge.
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