IMPEACHMENT OF JUDGE

The Indian Constitution enshrines the doctrine of separation of powers and emphasizes the independence of the judiciary. However, to preserve the sanctity of the judicial institution and maintain public confidence, even judges of the Supreme Court are not above scrutiny and accountability. The procedure for the impeachment of a Supreme Court judge is laid down under Article 124(4) of the Constitution.

Constitutional Provision: Article 124(4)

“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-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.”

This provision ensures that the process is rigorous and democratic, striking a balance between judicial independence and accountability.

Judicial Interpretation and Precedents

1. Krishna Swami v. Union of India, AIR 1993

The Supreme Court held that:

• Willful abuse of judicial office, corruption, lack of integrity, or other acts involving moral turpitude amount to misbehaviour.

• Misconduct implies the existence of mens rea (guilty mind).

• A judicial finding of guilt for a grave offence amounts to misconduct.

• Persistent failure to discharge judicial duties or the willful misuse of judicial office (dolus malus) would also constitute misbehaviour.

• Misbehaviour extends to a judge's conduct both within and outside the execution of official duties.

2. C. Ravichandran Iyer v. Justice A.M. Bhattacharjee, (1995)

The Court emphasized that:

• Judges of the Supreme Court and High Courts are expected to maintain exceptionally high standards of ethical conduct.

• Falling societal morals cannot justify a decline in judicial propriety.

• A judge’s private life must also reflect integrity and decorum, as perceived by a reasonable member of the public.

3. Krishna Swami v. Union of India (Reaffirmed)

The judgment reiterated that:

“Existence of definite material or evidence in support of the grounds of the motion, before initiation of the motion for removal of the judge, is a condition precedent. Otherwise, it would be an invitation to initiate proceedings based on frivolous or malicious allegations, thereby undermining judicial independence and the rule of law.”

The judgment warned against misuse of impeachment provisions for political or vendetta-based motives, stating that such misuse would betray the trust placed in the Speaker and undermine constitutional values.

International Perspectives on Judicial Impeachment

Many modern constitutions provide mechanisms to ensure judicial accountability, often echoing similar standards of proved misbehaviour or incapacity:

United States

• Under Article III, Section 1, federal judges hold office during good behavior.

• Article II, Section 4 provides that judges may be removed by impeachment for treason, bribery, or other high crimes and misdemeanors.

Australia

• Under Section 72(ii) of the Australian Constitution, judges of superior courts may be removed by the Governor-General in Council, upon an address from both Houses of Parliament, on grounds of proved misbehaviour or incapacity.

Conclusion

The primary goal behind constitutional and statutory provisions for judicial impeachment is to establish the veracity of charges against judges, not merely to facilitate their removal. This pursuit of truth is vital for the health of a constitutional democracy, where transparency and accountability are indispensable to public trust.

Failing to investigate or address serious allegations of misbehaviour would be a betrayal of constitutional principles, leading to erosion of judicial credibility and public faith in the rule of law. Therefore, the impeachment mechanism, while exceptional and stringent, serves as a constitutional safeguard, ensuring that no individual—even a judge—is above the law.

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