July 19, 2025
Removal of Judges
Why in News? Law Minister Arjun Ram Meghwal recently clarified that the motion of removal against Allahabad High Court judge Yashwant Varma is not related to the government but is a matter for Parliament and Members of Parliament (MPs).
The panel was constituted to probe allegations regarding unaccounted-for cash reportedly found at Justice Varma’s official residence
Relevance : UPSC Pre & Mains
Prelims : Removal procedure
Mains : GS 2
What is a Motion of Removal?
- A Motion of Removal refers to the initiation of proceedings in Parliament to remove a judge of the Supreme Court or High Court on specific grounds.
- In India, judges of the High Court and Supreme Court cannot be removed by the government or judiciary directly; their removal is only possible through an impeachment process in Parliament.
Constitutional Provisions for Removal of High Court and Supreme Court Judges:
Article 124(4) – Removal of Supreme Court Judges:
- A judge of the Supreme Court can be removed from office only by an order of the President, after:
- An address by each House of Parliament has been presented to the President in the same session.
- The address must be supported by a majority of the total membership of that House and a majority of not less than two-thirds of the members present and voting.
- Grounds for removal:
- Proved misbehaviour
- Incapacity
Article 217(1)(b) and Article 218 – Removal of High Court Judges:
- Article 217(1)(b) states that a judge of the High Court shall not be removed except as provided in Article 124(4).
- Article 218 extends the provisions of removal under Article 124(4) to High Court judges, meaning the same procedure is followed for both High Court and Supreme Court judges.
Procedure for Removal (Impeachment Process):
| Step | Description |
| 1. Motion Initiation | The removal motion must be signed by at least 100 MPs (Lok Sabha) or 50 MPs (Rajya Sabha). |
| 2. Inquiry Committee | The Presiding Officer (Speaker/Chairman) may admit the motion and constitute a three-member inquiry committee, usually comprising: – A Supreme Court Judge – A Chief Justice of a High Court – An eminent jurist |
| 3. Committee Report | If the committee finds the judge guilty of misbehaviour or incapacity, the motion proceeds. |
| 4. Parliamentary Approval | Each House of Parliament must pass the motion by: – A majority of the total membership of that House, and – Two-thirds of the members present and voting. |
| 5. Presidential | After both Houses pass the motion, the President issues an order for Removal |
| In-House Inquiry Mechanism
· Apart from the formal constitutional process, the judiciary has an internal mechanism known as the in-house procedure, introduced in 1997, to address complaints against judges. · Under this process, the CJI can constitute a committee to investigate allegations of misconduct. If the committee finds serious misconduct, the judge may be advised to resign or take voluntary retirement.
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