In a major parliamentary development, more than 100 opposition Members of Parliament have initiated a motion to remove Justice G.R. Swaminathan of the Madras High Court. They have raised allegations of misconduct, bias, and deviation from constitutional principles. As a result, the move has brought fresh attention to the judicial impeachment process in India.
Although the Constitution strongly protects judicial independence, it also provides a clear removal mechanism. However, authorities can remove judges only on two grounds—proven misbehaviour or incapacity.
Constitutional Framework for Removal
The Constitution lays down the removal process under Article 124(4). In addition, the Judges (Inquiry) Act, 1968 regulates the procedure. Moreover, Article 218 extends the same process to High Court judges.
Step 1: Initiation of Motion
First, MPs can initiate the removal process in either House of Parliament. They must support the motion with:
- At least 100 Lok Sabha members, or
- At least 50 Rajya Sabha members
Then, they submit the notice to the Speaker or Chairman. After that, the presiding officer decides whether to admit or reject it.
In this case, opposition MPs have crossed the required threshold. Therefore, the process has formally moved to the next stage.
Step 2: Inquiry Committee
Once admitted, the authority forms an inquiry committee under the 1968 Act. The committee includes:
- A Supreme Court judge
- A Chief Justice of a High Court
- A distinguished jurist
Next, the committee examines the allegations and conducts a detailed investigation. It then submits its findings.
Step 3: Parliamentary Voting
If the committee finds the judge guilty, Parliament takes up the motion for voting.
To pass the motion, both Houses must approve it with:
- A majority of the total membership, and
- A two-thirds majority of members present and voting
Thus, the Constitution ensures that removal remains a rare and serious step.
Step 4: Presidential Order
Finally, Parliament sends the approved motion to the President of India. The President then issues the removal order.
Removal of District Judges
Unlike High Court or Supreme Court judges, authorities do not remove district judges through impeachment. Instead, the State Government removes them in consultation with the High Court.
A Rare Constitutional Process
In practice, India rarely uses judicial impeachment because of its strict safeguards. Nevertheless, the move against Justice G.R. Swaminathan highlights growing concerns about judicial accountability.
At the same time, it raises an important question—how should India balance judicial independence with accountability?
For now, the outcome of this motion will depend on parliamentary scrutiny and the committee’s findings. However, the issue has already revived debate on one of the most serious constitutional mechanisms in India.
