WhatsApp Channel Join Now
Telegram Group Join Now

Relevance: GS-II (Indian Constitution, Judiciary, Parliament) Source: Parliament Inquiry Reports, 2026

1 · What is the core issue in simple words?

Judges are meant to be the ultimate guardians of the law. But what happens when a judge breaks the law? Recently, a fire broke out at the official Delhi home of a High Court judge. Shockingly, firefighters found piles of partially burnt ₹500 currency notes hidden in a storeroom.
This led to a massive uproar. Members of Parliament (MPs) demanded his removal, and a special inquiry committee was formed. Although the judge abruptly resigned to escape the investigation, the committee still found him guilty of possessing unexplained wealth and destroying evidence.

2 · The Impeachment Process (Step-by-Step)

Step 1: The Trigger
After the unaccounted cash was found, nearly 200 MPs signed a motion in Parliament demanding the judge’s removal for “proved misbehaviour.”
▼
Step 2: The Official Probe
The Lok Sabha Speaker formed a strict 3-member committee headed by a Supreme Court judge to legally investigate these serious charges.
▼
Step 3: The Resignation Tactic
Sensing trouble, the judge abruptly resigned and refused to participate in the probe, claiming the investigation was unfair and biased.
▼
Step 4: The Landmark Ruling
The committee set a new precedent: a judge cannot unilaterally stop a statutory inquiry just by resigning once evidence has been recorded. All charges were declared “proved.”

3 · Key Constitutional Concepts Explained Simply

Article 124(4) & 218
The Removal Rule
The Constitution says a Supreme Court or High Court judge can only be removed by the President, and only after both houses of Parliament pass a motion with a special majority.
Proved Misbehaviour
The Only Excuse
Judges cannot be fired just because the government dislikes them. They can only be removed for “proved misbehaviour” (like corruption) or “incapacity” (medical inability).
Judges (Inquiry) Act, 1968
The 3-Member Team
This law dictates that the investigating committee must strictly have three members: a Supreme Court judge, a High Court Chief Justice, and a distinguished legal expert.
The Escape Route
Infructuous Motions
Historically, when faced with an impeachment vote in Parliament, guilty judges simply resign beforehand. This makes the final vote useless (infructuous).

UPSC Prelims Quick Facts: Starting an Inquiry
The Magic Numbers To even start a removal motion, it must be signed by at least 100 members in the Lok Sabha, or 50 members in the Rajya Sabha.
Role of the Speaker The Speaker of the Lok Sabha (or Chairman of Rajya Sabha) has the absolute power to either admit or outright reject the motion.
No Silent Exits The committee ruled that a judge cannot send letters to the President to stop an inquiry. If they are innocent, they must boldly enter the witness box.
Historical Cases India has seen similar dramatic cases before, notably with Justice V. Ramaswami (1993) and Justice Soumitra Sen (2011), who also resigned to avoid formal impeachment.

MCQ Practice Question
Q. With reference to the procedure for the removal of a High Court Judge in India, consider the following statements:

  1. A motion for removal can be introduced in the Lok Sabha only if it is supported by a minimum of 100 members.
  2. A High Court judge can be removed from office by an order of the State Governor on the grounds of proved misbehaviour.
  3. The committee formed to investigate the charges under the Judges (Inquiry) Act consists of exactly three members.

Which of the statements given above is/are correct?
(a) 1 and 2 only    (b) 1 and 3 only    (c) 3 only    (d) 1, 2 and 3

Answer: (b) 1 and 3 only

  • Statement 1 — Correct: The Judges (Inquiry) Act requires the signatures of at least 100 members in the Lok Sabha (or 50 in the Rajya Sabha) to initiate the process.
  • Statement 2 — Incorrect (the trap): A High Court judge can only be removed by an order of the President of India (after Parliament passes the motion), never the Governor.
  • Statement 3 — Correct: The investigating panel must consist of exactly three members (a Supreme Court judge, a High Court Chief Justice, and a distinguished jurist).
Ajmal IAS APSC Foundation Course

Recent Posts

Ajmal IAS APSC Foundation BATCH
Ajmal IAS APSC Foundation Course

Start Yours at Ajmal IAS – with Mentorship StrategyDisciplineClarityResults that Drives Success

Your dream deserves this moment — begin it here.