INTRODUCTION 

One of the world's most effective and constructive judicial systems is found in
India.It was built after the Imperial British Empire's two centuries of colonial
rule.In terms of safeguarding the rule of law, citizens' rights, the independence of
the judiciary, and judicial review, the Supreme Court and the High Courts of India
have established extremely high standards.

The Supreme Court of India stated, "A single dishonest judge not only dishonors
himself and disgrace his office but also jeopardizes the integrity of the entire
judicial system."

Our Constitution outlines the procedure for impeaching any judge based on two
grounds: demonstrated misconduct or incapacity to serve. This is done in order to
preserve this essential democratic institution.

The first Chief Justice of India to be the subject of such impeachment proceedings
in the Indian Parliament is Dipak Mishra.However, in the past, such proceedings
have been initiated against a judge in a number of instances.

HOW WILL THE CJI BE IMPEACHED

The Constitution comes into play here.In India's Constitution, Article 124(4)
states:After an address from each House of Parliament supported by a majority of
the total membership of that House and by a majority of not less than two-thirds of
the members of that House present and voting for such removal on the basis of
proved misbehavior or incapacity has been presented to the President in the same
session, a Judge of the Supreme Court may only be removed from his position by
an order passed by the President.

The notice must be signed by at least 50 Rajya Sabha MPs or 100 Lok Sabha MPs
to be issued.

WHO GETS THIS NOTICE AND WHAT SHOULD THEY DO 

If the notice comes from members of the Lok Sabha, it must be given to the
Speaker, or to the Chairman if it comes from members of the Rajya Sabha.India's
vice president is the Rajya Sabha Chairman.

The Speaker or the Chairman will need to convene a three-member committee to

investigate the allegations made against the Supreme Court judge if the motion is
accepted.A senior Supreme Court judge, the Chief Justice of a High Court judge,
and a "distinguished jurist" will make up this committee.
WHAT HAPPENS NEXT

report will be submitted by the three-member committee, and if the charges are
confirmed, it will be discussed in the House where it was introduced.It must be
discussed and passed by a special majority of at least two-thirds in the House.This
means that in the event of a full House sitting, at least 364 Lok Sabha members and
164 Rajya Sabha members must have voted in favor of the motion.

After that, it will be sent to the other House, where it will need to be approved with
a special majority once more.The President of India can be approached to remove
the Chief Justice of India once it has passed both Houses of parliament.

FEW JUDGES REMOVED BEFORE PASSING THE IMPEACHMENT

MOTION AGAINST CJI

Justice V. Ramaswami:-

The dubious distinction of being the first judge against whom impeachment
proceedings were initiated belongs to Justice V. Ramaswami.

During Justice V. Ramaswami's tenure as Chief Justice of Punjab and Haryana

in 1990, he became embroiled in a controversy for lavishly spending money on
his official residence.The motion was presented to the Lok Sabha in 1993, but it
did not receive the required two-thirds majority.The impeachment motion was
defeated because the ruling party, led by Prime Minister Narasimha Rao,
abstained from voting.
P.D Dinakaran:-

Justice P.D. Dinakaran, Chief Justice of the Sikkim High Court, was indicted on 16
counts of corruption, land grab, and abuse of office in 2011.A judicial panel had
been established by the Chairman of the Rajya Sabha to investigate allegations of
corruption.

However, he resigned in July 2011 prior to the commencement of any

impeachment proceedings against him. The removal proceedings against Justice
P.D. Dinakaran under the Judges (Inquiry) Act have been rendered ineffective as a
result of his resignation as Chief Justice of the Sikkim High Court on July
29.Justice Dinakaran, who was scheduled to retire in May 2012, wrote a letter of
resignation to President Pratibha Patil and the Chief Justice of India, S.H. Kapadia,
with a copy to Chief Justice of India.

It came as a surprise when Justice Dinakaran resigned before the three-member

inquiry committee headed by Rajya Sabha Chairperson Hamid Ansari could begin
its work.
FIRST IMPEACHMENT MOTION PASSED AGAINST CJI

Impeachment motion against ex CJI Dipak Mishra:-

 
WHAT HAS DIPAK MISHRA ALLEGED OF:-

In a press conference on January 11, four high-ranking Supreme Court (SC) judges
complained about Dipak Misra on the grounds of administrative and judicial
irregularities in the highest court.
Justices Jasti Chelameswar, Ranjan Gogoi, M. B. Lokur, and Kurien Joseph had
said that Misra was ignoring these four senior judges and giving important cases to
junior judges in an arbitrary way.
The judges made the claim that "India's democracy is at stake" and questioned the
sacred position of the Chief Justice of India.
On the basis of this, the Opposition is circulating a petition to gather support from
other political parties for the impeachment motion.D P Tripathi, a member of the
National Congress Party (NCP), stated on Tuesday that "the charges are far more
serious." This comes from the letter that four of the Supreme Court's most senior
judges had previously written in which they stated that there was a threat to the
independence of the judiciary.
Tripathi continued, "I have signed it, others are also signing it, and the process is
continuing."

CASES AGAINST DIPAK MISHRA

e draft proposition has called Misra's case as "maltreatment of power to for

arbitrary reasons allot individual cases to choose judges", as indicated by media
reports.

Case of Prasad Education Trust:One of the cases unnoticed is unlawful satisfaction

in the Prasad Training Trust case, as per News 18.The case involves accepting
bribes from medical institutions in exchange for permission to establish medical
colleges.It has been alleged that Misra gave a false affidavit to allow the
institutions to acquire lands for the construction of medical colleges.

The passing of Justice Loya:According to the press release issued by the four senior
SC judges, Dipak Misra had allegedly rejected the petition of the judges, which
called for an independent investigation into Loya's death.

HOW CAN CHIEF JUSTICE BE IMPEACHED(AS ACCORDINGLY

SAID IN THIS MATTER):-

> In the Lok Sabha, 100 MPs must sign an impeachment motion against the CJI,
while in the Rajya Sabha, 50 members must sign.The motion can be presented by
anyone in either House.

> After the movement is presented, it will ultimately depend on the Speaker of the
Lok Sabha or the Executive of the Rajya Sabha to acknowledge it.In this instance,
Sumitra Mahajan and Venkaiah Naidu would be in charge.

> A three-member committee consisting of a judge from the Supreme Court, a

judge from the High Court, and a prominent jurist would be established in the
event that the motion is approved.

> The matter will be brought up for discussion in the House where it was originally
introduced if the three-member committee decides to support it further.If either 50
Rajya Sabha members or 100 Lok Sabha MPs support the motion, the
impeachment process will pass.

> The Indian Constitution stipulates that the motion must be approved by both
houses regardless of which one introduces it.The motion will not be sent to the
Indian President until it has received a two-thirds vote in both Houses.

> In this instance, President Ram Nath Kovind will make the final decision if the
motion is approved by both Houses.

POLITICAL PARTIES SUPPORTING THIS IMPEACHMENT

The Indian National Congress has created the draft proposal for the impeachment
motion.However, the Congress did not confirm the move, and its senior leaders
refused to answer questions about it.

Majeed Memon, the leader of the NCP, stated, "The Congress as the largest
opposition party has belatedly initiated the proceedings for the impeachment of the
Chief Justice of India," confirming the Congress's initiative.
The Samajwadi party is another party that supports the motion.The Trinamool
Congress, led by Mamata Banerjee, would offer support, according to reports in
the media.

According to the news agency ANI, SP leader Ghanshyam Tiwari stated, "The
Samajwadi Party stands with the impeachment motion, which is about bringing
independence and unquestionable integrity to the judiciary."

M Rajamohan Reddy, a member of the YSR Congress Party, stated on Wednesday

that his party has not received a proposal to introduce an impeachment motion.

WHAT IS THE COMPLEXITY:-

1)The impeachment process is neither purely political nor purely legal.Is a subtle
and sensible combination of both.

2)Approval of impeachment petitions, establishment of commissions of inquiry,

and their findings are inherent in judicial proceedings.

3)However, Parliament's adoption of this motion is indeed a political process, with

MPs voting according to party line.

WHAT DOES THE P.O DO?

1)The motion can be accepted or rejected by the presiding officer.

2)However, the PO should not assume control of the inquiry committee.

3)Any motion is not supposed to be automatically admitted by the Presiding

Officer.

4)This indicates that the number of members who have signed the motion is not the
only consideration.

5)A judge can be removed from office on the grounds of "proved misbehavior."

6)However, the inquiry committee must determine whether the charges are
supported.

7)However, once more, the allegations might appear to be without any substance at
all at times.

8)The PO is entitled to block the motion at this initial stage in that scenario.

WHAT EXACTLY IS MEANT BY PROVED MISBEHAVIOUR:-

*The terms "proved misbehavior" and "incapacity" are not defined in the
Constitution.

*A non-parliamentary committee must prove a judge's misconduct outside of

Parliament.

*"Proved misbehavior" is defined as follows in the Judges (Inquiry) Bill of 2006:

wilful abuse of judicial office, corruption, lack of integrity, or committing an

offense involving moral turpitude The Judicial Standards and Accountability Bill
of 2010 proposed to broaden the definition of misconduct. wilful or persistent
conduct that brings dishonor or disrepute to the judiciary. wilful or persistent
failure to perform the duties of a judge. wilful abuse of judicial office.

*This defined "lack of integrity" as making judicial decisions for extraneous or

collateral reasons.

*executing judgments or other actions that undermine the administration of justice.

*"Misbehavior" included the willful giving of false information or the failure to

provide a declaration of assets and liabilities.

*Misbehavior is a broader term, as established by the Supreme Court itself.

*As a result, a judge's actions can be deemed "misbehavior" if they have

diminished the credibility of the judiciary.

WHY DID THE CURRENT MOTION FAILED

The Vice-President is not required to provide justification.

However, M Venkaiah Naidu has provided specific justifications in this instance.

He claims that misbehavior cannot be demonstrated.

None of the impeachment charges were particularly strong.

It is claimed that the allegations were based solely on assumption and suspicion.

He asserts that the signatories are unsure of the charges' veracity.

He has thought about the impact on judicial independence if unreliable charges are
the basis for an investigation.

Decision: He cited a previous Supreme Court decision in this regard.

As a result, the Speaker (or Chairman) must act with extreme caution, caution, and
responsibility.

It is necessary to keep in mind the nature, seriousness, and quality of the records.

Additionally, the impact on justice administration and judicial independence must

be taken into account.

Is this a case of "proved incapacity or misbehavior"?The main accusation leveled

against CJI Misra is that he mismanaged his roster control.

In order to influence the outcome of the cases, they were assigned selectively.

In the absence of evidence to support this charge, the question is whether

impeachment is an option.

It's clear that the Opposition is split on whether or not to start impeachment
proceedings.

CONCLUSION

In William Shakespeare's Macbeth, the three witches said, "Fair is foul, and foul is
fair." When the game's rules are reversed, those who are weakening democracy
present themselves as its defenders. It is untrue for Congress to assert that its
decision to file an impeachment motion was driven by any higher objective. The
Indian Constitution specifically designed the CJI's impeachment procedure to
shield the office from the type of manipulations that are currently taking
place."Should the nation remain silent and do nothing when the judges of the
Supreme Court themselves believe that the judiciary's independence is under threat
and democracy is in danger, referring to the operation of the office of the Chief
Justice of India?"Should the nation's citizens allow the institution to deteriorate
without safeguarding it from within and without?In a statement, the party stated.By
this we got to know even if the CJI do or abstain from doing any act by which he
causes interference in the provisions of the constitution or due to which he goes
against the constitution then he can be impeached by an impeachment motion
presented by the legislature but the charges against the CJI needs to be proved or
else the motion will be rejected and impeachment of CJI is a complex process
because of which we dont see often the impeachment of CJI'S.

REFERENCES:-

1)List of judges who faced impeachment proceedings - The Hindu

2) CJI Impeachment motion: 3 reasons why Congress tried to usher in another dark chapter in Indian
democracy-India News , Firstpost
3) Entertainment News: Latest Bollywood & Hollywood News, Today's Entertainment News
Headlines | The Indian Express

4) Impeachment Of Cji: Latest News, Photos, Videos on Impeachment Of Cji - NDTV.COM

AUTHOR CREDENTIALS
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