Answer:

Introduction          

Impeachment is a process of removing a judge of the Supreme Court or the High Court from his or her office on the grounds of proved misbehaviour or incapacity as mentioned in Article 124(4) and Article 218 of the Constitution. The concept and procedure of impeachment of judges are laid down in the Constitution of India and the Judges (Inquiry) Act, 1968. 

Body

Procedure of impeachment of judges of the Supreme Court and High Courts in India:

• Grounds for removal: Alongside the constitutional provisions, the Judges (Inquiry) Act, 1968 defines the grounds on which a judge can face impeachment, such as misuse of office, grave offences undermining a judge’s integrity, or any contravention of the Constitution’s provisions.
• Initiation: The process begins with a signed motion by 100 members of the Lok Sabha or 50 members of the Rajya Sabha, which is submitted to the Speaker or Chairman respectively, as provided under the Judges (Inquiry) Act of 1968.
• Constitution of Inquiry Committee: Upon admittance of the motion, an inquiry committee is formed consisting of a Supreme Court judge, a High Court Chief Justice, and an eminent jurist. The committee will frame charges based on which the investigation will be conducted.  A copy of the charges will be forwarded to the judge who can present a written defence.
• Inquiry and Report: This committee carries out an in-depth inquiry into the allegations. Post-investigation, a report is presented to the Speaker or Chairman, outlining their findings.
• Parliamentary Process: If the committee deems the judge guilty, both Houses of Parliament can then discuss the motion. For the motion to pass, it needs special majority- (i) a majority of the total membership of that House; and (ii) a majority of at least two-thirds of the members of that House present and voting. 
• Presidential Order: On successful passage in both Houses, the motion is presented to the President as per Article 124(4), leading to the removal of the judge.

Notable instances where such proceedings were initiated:

• Justice V. Ramaswami (1991): The first judge against whom an impeachment motion was initiated due to allegations of misappropriating his official position and funds. The motion, however, couldn’t secure a majority in the Lok Sabha and thus failed.
• Justice Soumitra Sen (2009): Accused of misappropriation of funds while serving at the Calcutta High Court. Though the Rajya Sabha passed the motion in 2011, Justice Sen’s resignation pre-empted Lok Sabha’s decision.
• Chief Justice Dipak Misra (2018): He faced allegations of judicial misconduct and was accused of compromising the judiciary’s independence. However, the motion was rejected by the Rajya Sabha Chairman on grounds of insufficient merit.

Conclusion

The process of impeachment underlines the checks and balances incorporated into the Indian Constitution. While it ensures judges of higher judiciary uphold their duty, it also protects their independence by setting a stringent removal process. The rare invocation of this process signifies the sanctity and deliberation associated with this constitutional provision.

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