Removal of a High Court Judge
10.12.2025
Removal of a High Court Judge
Context
The topic is currently in the news after the India Alliance brought a resolution seeking the removal of Madras High Court Judge, Justice G.R. Swaminathan.
About Removal of a High Court Judge
Terminology: While often colloquially referred to as "impeachment," the Constitution of India does not use this word for judges. It specifically uses the term "removal."
Conditions for Removal: A judge can be removed only on two specific grounds:
- Proven Misbehavior
- Proven Incapacity
Authority:
- Uniform Process: The removal process is identical for both High Court and Supreme Court judges.
- Parliamentary Exclusive: Only the Parliament of India is authorized to remove a judge; State Legislatures have no role in this process.
The Removal Process
1. Initiation of Motion: The removal motion must be signed by a specific number of members before being introduced:
- 100 members in the Lok Sabha.
- 50 members in the Rajya Sabha.
2. Role of Presiding Officer: The resolution is submitted to the Speaker (if in Lok Sabha) or the Chairperson (if in Rajya Sabha).
- Discretion: The presiding officer has the authority to either accept or reject the resolution.
- No Accountability: They are not obligated to provide reasoning if they choose to reject it.
3. Inquiry: If the motion is accepted, an inquiry is initiated under the Judges Inquiry Act, 1968 (this procedure is statutory, not Constitutional). A three-member committee is constituted to conduct a thorough investigation into the charges.
4. Voting in Parliament: If the committee finds the judge guilty, the resolution returns to Parliament for voting. It must be passed by a Special Majority in both houses.
- Special Majority Definition:
- (A) Absolute Majority: More than 50% of the total strength of the House (e.g., 273 if total strength is 545).
- (B) Two-thirds Majority: At least 2/3rds of members present and voting.
5. Final Step: Once passed by the Special Majority in both houses, the President of India signs the order, and the judge is officially removed.
Historical Note
To date, no judge has been successfully removed in India. This highlights the rigorous and difficult nature of the removal process designed to protect judicial independence.
Conclusion
The removal mechanism is a critical constitutional safeguard, balancing judicial accountability with independence. While the process involves legislative initiation, the strict requirements for inquiry and voting ensure that removal occurs only in cases of proven misconduct or incapacity.