In this article, we are going to explain you the Process of Impeachment of Chief Justice of India. The Day I write this article, Some Congress Party Members hands a notice to the Rajya Sabha Speaker i.e. Mr. Venkaiah Naidu. Moreover, this notice contains 71 Signatures Which demands the Impeachment of CJI Deepak Mishra. However, Impeachment is a very complex process. But if the person found guilty in it he/she has to face the consequences. Okay, To Understand What is the Process of Impeachment of Chief Justice of India, We have to first Understand What Impeachment is?
The process of Impeachment of Chief justice of India
What is meant by Impeachment?
Impeachment is actually a charge or you can think of it as a warrant. Here in this case, If CJI i.e. Chief Justice of India or any High Court Judges doesn’t follow the Constitutional Guidelines, then he also has to face the Process of Impeachment. According to the Article 124(4) of Indian Constitution, If any High Court Judge Found Guilty in the Impeachment Process, then he/she throws out of the High Court. This same thing applies to the Supreme Court Judge also.
When does Impeachment Process start?
An Impeachment Process starts when at least 100 Members from Lok Sabha or 50 Members from Rajya Sabha approves a consent for it. They Submit their application to the Lok Sabha Speaker or to the Chairman of Rajya Sabha.
How does Investigation work Against the Culprit?
After the Lok Sabha Speaker or the Chairman of Rajya Sabha accepts the application, a Three Member Committee if Formed. In this committee CJI, Chief Judges of all the High Courts and a Lawmaker are present. They Investigate against the Culprit.
Does the Culprit also say something?
Yes, after the completion of Enquiry, the Culprit Judge also gets a chance to defend himself/herself.
What if the Conviction Proves?
If the charges against the Culprit Judge Proves, then the presiding officer takes the votes from both the Houses. A Proposal passes only if passes in both of the houses i.e. Lok Sabha & Rajya Sabha. Moreover, A proposal passes in one house if more than 2/3 members of that house vote for it.
In India so far not a Single Judge Removes from the Impeachment Process. However, Earlier in 2009, An Impeachment Process runs against the Chief Judge of Sikkim High Court i.e. P.D. Dinakaran but he resigns before the Operation of Impeachment Process.
Read also: Facts about Chief Justice of India