Justice Verma’s Cash Row: Who Holds the Power to Impeach Judges Under India’s Constitution?

Impeachment Motion Against Judge: There is a demand for impeachment against Delhi High Court judge Justice Yashwant Verma in the cash scandal. Actually impeachment is the process under which Supreme Court and High Court judges can be removed. Supreme Court and High Court judges cannot be removed like this, there is a rule in the constitution for that, under which action is taken against them and this action is called impeachment. However, it has been used very rarely. Now the impeachment motion is being discussed again in Justice Verma's case. Let us know when and how the impeachment motion is brought against the judges, what does the Constitution of India say...?

What is impeachment motion against judges?
Impeachment motion against judges is a legal process under which the process of removal of judges of High Courts or Supreme Court is initiated when allegations are made against them. Impeachment motion is a constitutional process for removal of a judge from his post, which is applicable in the Indian Parliament.

When is an impeachment motion brought against a judge
An impeachment motion is brought when there are serious allegations against a judge, such as corruption, abuse of power, or other unprofessional and undisciplined acts. This process is very serious and lengthy, as it requires solid evidence against the judge.

Evidence and support of allegations

Before accepting the impeachment motion, there must be solid proof and evidence against the allegations. 

Parliamentary Inquiry Committee
If the motion receives support, a parliamentary inquiry committee is formed. This committee investigates whether there is truth in the allegations or not. This committee consists of members of the higher judiciary and representatives of the parliament and decides whether the allegations can be proceeded for judicial investigation and impeachment process.

Discussion and voting in Parliament
If the inquiry committee finds the allegations serious, the impeachment motion is introduced in both the houses of Parliament (Lok Sabha and Rajya Sabha). This motion is discussed and finally voted upon. A two-thirds majority is required to pass the impeachment motion in Lok Sabha or Rajya Sabha. If the motion is passed in both the houses, then the motion is sent to the President.

Expulsion by the President
If the impeachment motion is passed in the Parliament, then the President can remove that judge from the post. The President has the right to implement this motion under the Constitution. After this, the judge is removed from the post.