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Judges (Inquiry) Act, 1968

Judges (Inquiry) Act, 1968

The Judges (Inquiry) Act, 1968 provides the legal framework for investigating allegations of misbehaviour or incapacity against judges of the: Supreme Court of India High Courts in India It was recently in news after the Judges Inquiry Committee submitted its report to Parliament regarding allegations against a former High Court judge.

Judges (Inquiry) Act, 1968

The recent submission of a report by a Judges Inquiry Committee to Parliament (in the case involving allegations against former High Court judge Justice Yashwant Varma) was conducted under the framework of the:

  • Judges (Inquiry) Act, 1968

Purpose of the Act

The Act provides a legal mechanism to investigate:

  • Misbehaviour of judges

  • Incapacity of judges

It applies to:

  • Supreme Court judges

  • High Court judges

Constitutional Context

Judicial removal is linked to:

  • Article 124 (Supreme Court judges)

  • Article 217 (High Court judges)

These provide that removal is only by:

“Order of the President after an address by Parliament supported by special majority.”

Removal Procedure (Step-by-Step)

1. Motion of Removal

A motion must be introduced:

  • Lok Sabha: 100 members

  • Rajya Sabha: 50 members

It is submitted to:

  • Speaker (Lok Sabha)

  • Chairman (Rajya Sabha)

2. Admission & Inquiry Committee

If admitted, the Presiding Officer forms a 3-member committee, usually consisting of:

  • A Supreme Court judge

  • A High Court Chief Justice

  • An eminent jurist

This committee investigates allegations.

3. Report Submission

The committee submits its findings to Parliament:

  • Whether charges are proven or not

4. Parliamentary Voting

If guilt is established:

  • Special majority required in both Houses:

    • Not less than 2/3rd of members present and voting

5. Final Removal

If passed:

  • Address is sent to the President

  • President issues order of removal

Significance of the Act

1. Judicial Accountability

Ensures judges are not above the law.

2. Independence of Judiciary

High threshold prevents political misuse.

3. Constitutional Balance

Maintains separation of powers between:

  • Legislature

  • Judiciary

  • Executive

Key Feature

“Removal of judges is a rare and strictly regulated constitutional process requiring both judicial inquiry and parliamentary approval.”

Conclusion

The Judges (Inquiry) Act, 1968 ensures a structured and fair process to investigate judicial misconduct while protecting judicial independence through a high constitutional threshold for removal.