INDIA
Under Article 218, an impeachment motion to remove a High Court judge may be moved in either house of the parliament.
The Union government is most likely to move a motion to impeach Delhi High Court judge Yashwant Verma in the monsoon session of the Parliament. It will follow the recommendations of the three-member panel comprising Justice Sheel Nagu, Chief Justice of the High Court of Punjab & Haryana; Justice G S Sandhawalia, Chief Justice of the High Court of Himachal Pradesh; and Justice Anu Sivaraman, Judge of the High Court of Karnataka. The panel recorded a statement in the case related to the allegations of wads of currency notes being discovered at the judge’s official residence when a fire broke out there on March 14.
After the then Chief Justice of India Sanjiv Khanna had forwarded a copy of the inquiry report, along with a recommendation to initiate impeachment proceedings against the judge to President Droupadi Murmu and Prime Minister Narendra Modi, the government decided to introduce the motion in the next session.
Under Article 218, an impeachment motion to remove a High Court judge may be moved to either house of the parliament. However, if the motion is introduced in the Lok Sabha, at least 100 members should give a signed notice to the speaker. If the motion is moved in the Rajya Sabha, at least 50 members should provide a signed notice to the chairman. The speaker or chairman may consult individuals and examine relevant material related to the notice. Based on this, he or she may decide to either admit the motion or refuse to admit it.
If the motion is accepted, the Lok Sabha speaker or the Rajya Sabha chairman will constitute a three-member committee to investigate the complaint. The committee should be constituted of a Supreme Court judge, a chief justice of a high court, and a distinguished jurist. The committee will frame charges and the investigation will be conducted based on these charges. A copy of the charges will given to the judge who can present a written defence.
The motion can be adopted in each house by a majority of the total membership of that house and a majority of at least two-thirds of the members of that house present and voting. Once the motion is accepted in the house, it will be sent to the other house. After the impeachment motion is adopted by both houses of the Parliament, it is sent to the president. The president issues an order for the removal of the judge.