The Opposition INDIA bloc parties in Rajya Sabha are preparing to give notice to move a motion to impeach Allahabad High Court judge Justice Shekhar Kumar Yadav for his alleged remarks at an event organised by an organisation last week.

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Impeachment process of Judges

• The Constitution provides that a judge can be removed only by an order of the President, based on a motion passed by both Houses of Parliament. 
• The process of impeachment of a judge of the Supreme Court is laid down in Article 124(4) of the Constitution of India. 
  • Article 218 says the same provisions shall apply in relation to a judge of the High Court as well.
• Grounds for Removal: A judge can be removed by Parliament through a laid-down procedure on only two grounds: “proved misbehaviour” and “incapacity”
  • However, Constitution not describe of what constitutes ‘incapacity and proved misbehaviourʼ
• Procedure: 
  • The procedure to be followed for impeachment of a judge is laid down in the Judges Inquiry Act, 1968
  • Under Section 3 of the Act, for a motion of impeachment to be taken up, it has to be moved by not less than 100 members in the Lower House, and at least 50 members in the Upper House.
  • The Speaker/Chairman may admit the motion or refuse to admit it. 
• Committee:
  • Once the motion is brought in, the Speaker/ Chairman has to constitute a three-member committee of inquiry. 
  • Composition: The committee is headed by the Chief Justice of India or a judge of the Supreme Court, and has a Chief Justice of any High Court, and a person who is in the opinion of the Speaker/ Chairman, a “distinguished jurist”. 
    • For Example: When the motion of impeachment against Justice Soumitra Sen was moved in 2011, the distinguished jurist was Fali Nariman.
  • Role of Committee: The committee frames the charges, and can seek a medical test for the judge if the impeachment charge is on the grounds of mental incapacity. 
    • The committee has the power to regulate its procedure, call for evidence, and cross-examine witnesses.
    • Submission of Report: The committee will submit a report to the Speaker/ Chairman with its findings and observations. 
      • The Speaker/ Chairman will then place the report before Lok Sabha/ Rajya Sabha “as soon as may be”.
      • If the report finds that the judge is not guilty of misbehaviour or incapacity, the matter will end there.
      • In case of a guilty finding, the report of the committee is adopted by the House in which it was introduced, and then an address is made to the President by each House of Parliament in the same session seeking the judge’s removal.