• The process involves Parliament passing an address to the President to remove the judge.
• To pass the motion, two–thirds of the MPs present and voting in both Lok Sabha and Rajya Sabha;
  • Must approve it, with a majority of more than 50% of the total membership of each House.

• Article 124(4): The judge can only be removed by a Presidential order, passed after a majority vote in both Houses of Parliament.
• The vote must come from two-thirds of the members present and voting.
• Articles 218 of the Constitution extends the same rules to High Court judges.
• The impeachment process ensures judicial independence by maintaining a high bar for removal, limiting political influence.

• A judge of the Supreme Court or High Court can be impeached on two grounds: “proved misbehaviour” or “incapacity” as per the Constitution of India.
• Further clarified in the Judges (Inquiry) Act, 1968, including:
  • Misuse of office
  • Grave offences that undermine the judge’s integrity
  • Contravention of the provisions of the Constitution.

Initial Step: The impeachment motion must be signed by at least 100 MPs in the Lok Sabha and 50 MPs in the Rajya Sabha.

Committee Formation: Once the motion is introduced, the Speaker or Chairperson of the respective House forms a three-member inquiry committee:

1. Headed by the Chief Justice of India or a Supreme Court judge.
2. The second member is usually a Chief Justice of any High Court.
3. The third member is a distinguished jurist, appointed by the Speaker or Chairman.

Inquiry Process: The committee investigates the charges, cross-examines witnesses, and regulates its procedure.
The committee may also request a medical test if the charge relates to mental incapacity.

Outcome: If the committee finds the judge not guilty, the motion is dismissed. If found guilty, it will be reported back to the House for further action.