Judges Who Faced Impeachment in India

The impeachment of judges in India is a rare and complex process, requiring a two-thirds majority in both Houses of Parliament. While no judge has been successfully removed, impeachment proceedings have been initiated against some judges.

IN NEWS : Justice RamaSwami passed away , first Judge of Supreme Court to face impeachment . Source

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1. Constitutional Provisions on Impeachment of Judges

🔹 Article 124(4) & Article 217 – Provide for the removal of Supreme Court and High Court judges.
🔹 Grounds for Impeachment:
✅ Proved misbehavior OR
✅ Incapacity

🔹 Process is governed by the Judges (Inquiry) Act, 1968.
🔹 Only Parliament can remove a judge – The President acts only after Parliamentary approval.

📌 Example:

• Justice V. Ramaswami was the first judge against whom impeachment proceedings were initiated in 1993.

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2. Judges Who Faced Impeachment in India

Judge	Position	Year	Charges	Outcome
Justice V. Ramaswami	Supreme Court Judge	1993	Financial mismanagement	Motion failed in Lok Sabha
Justice Soumitra Sen	Calcutta High Court Judge	2011	Misappropriation of funds	Resigned before Lok Sabha vote
Justice P. D. Dinakaran	Chief Justice, Sikkim High Court	2011	Corruption & land-grabbing	Resigned before impeachment
Justice S. K. Gangele	Madhya Pradesh High Court Judge	2015	Sexual harassment	Cleared by inquiry panel
Justice Dipak Misra	Chief Justice of India (CJI)	2018	Alleged misuse of power	Impeachment motion rejected

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1️⃣ Justice V. Ramaswami (1993) – First Judge to Face Impeachment

✅ Position: Supreme Court Judge
✅ Allegations: Misuse of funds during his tenure as Chief Justice of Punjab and Haryana High Court.
✅ Impeachment Process:

• A three-member inquiry committee found him guilty.
• Impeachment motion was introduced in Lok Sabha.
• Motion failed as Congress MPs abstained from voting.

📌 Outcome: Ramaswami was not removed but was the first judge to face impeachment proceedings.

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2️⃣ Justice Soumitra Sen (2011) – First Judge Impeached by Rajya Sabha

✅ Position: Calcutta High Court Judge
✅ Allegations: Misappropriation of ₹33.23 lakh as a court-appointed receiver in 1993.
✅ Impeachment Process:

• Rajya Sabha passed the impeachment motion with an overwhelming majority.
• Before the Lok Sabha could vote, he resigned.

📌 Outcome: First judge impeached by Rajya Sabha, but avoided removal by resigning.

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3️⃣ Justice P. D. Dinakaran (2011) – Resigned Before Impeachment

✅ Position: Chief Justice of the Sikkim High Court
✅ Allegations: Land-grabbing, corruption, possessing assets disproportionate to his income.
✅ Impeachment Process:

• Inquiry committee found him guilty.
• Before Parliament could act, he resigned.

📌 Outcome: Resigned before impeachment vote in Parliament.

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4️⃣ Justice S. K. Gangele (2015) – Sexual Harassment Charges

✅ Position: Madhya Pradesh High Court Judge
✅ Allegations: Sexual harassment of a female Additional District Judge.
✅ Impeachment Process:

• A motion was introduced in Rajya Sabha.
• Judicial panel cleared him of charges.

📌 Outcome: Impeachment process did not proceed further.

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5️⃣ Justice Dipak Misra (2018) – First CJI to Face Impeachment Attempt

✅ Position: 45th Chief Justice of India (CJI)
✅ Allegations:

• Misuse of power in case allocation.
• Irregularities in land acquisition cases.
  ✅ Impeachment Process:
• 64 Rajya Sabha MPs signed the impeachment motion.
• Vice President Venkaiah Naidu rejected the motion, citing lack of merit.

📌 Outcome: Impeachment motion rejected before discussion in Parliament.

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3. Impeachment Process of Judges in India

The removal process of a Supreme Court or High Court judge follows these steps:

🔹 Step 1: Notice of Motion

• Signed by 100 Lok Sabha MPs or 50 Rajya Sabha MPs.
• Sent to the Speaker of Lok Sabha or Chairman of Rajya Sabha.

🔹 Step 2: Inquiry Committee

• A three-member committee (SC judge, HC judge, legal expert) investigates.
• If found guilty, motion moves to Parliament.

🔹 Step 3: Voting in Parliament

• Both Lok Sabha and Rajya Sabha must pass the motion by a two-thirds majority.

🔹 Step 4: Presidential Order

• If both Houses pass the motion, the President issues an order for removal.

📌 Example:

• Justice Soumitra Sen was the first judge impeached by Rajya Sabha, but resigned before Lok Sabha vote.

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4. Key Articles Related to Judge Impeachment

Article	Provision
Article 124(4)	Removal of Supreme Court Judges
Article 217	Removal of High Court Judges
Judges (Inquiry) Act, 1968	Governs impeachment procedure

📌 Example:

• Justice V. Ramaswami faced impeachment under Article 124(4).

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5. MCQs on Judge Impeachment in India

1. Under which Article can a Supreme Court judge be removed?

a) Article 124(4)
b) Article 217
c) Article 226
d) Article 142
✅ Answer: a) Article 124(4)

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2. Who appoints the inquiry committee for a judge’s impeachment?

a) President of India
b) Speaker of Lok Sabha / Chairman of Rajya Sabha
c) Prime Minister
d) Supreme Court
✅ Answer: b) Speaker of Lok Sabha / Chairman of Rajya Sabha

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3. How many judges have been successfully removed from office in India?

a) 0
b) 1
c) 2
d) 3
✅ Answer: a) 0 (No judge has been successfully impeached)

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4. Justice Soumitra Sen was impeached by which House of Parliament?

a) Lok Sabha
b) Rajya Sabha
c) Both Houses
d) None
✅ Answer: b) Rajya Sabha

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5. Justice P. D. Dinakaran resigned before his impeachment due to which charges?

a) Misuse of power
b) Sexual harassment
c) Corruption & land-grabbing
d) Financial fraud
✅ Answer: c) Corruption & land-grabbing

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6. Conclusion

The impeachment of judges in India is a strict and rare process, ensuring judicial accountability while protecting judicial independence. While several judges have faced impeachment proceedings, none have been removed.

For competitive exams, understanding judicial impeachment, key articles, and landmark cases is essential. Stay updated with current legal developments to strengthen your preparation! ✅📚

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