Rejection of impeachment notice by RS Chairman halts rigorous procedure for removal of judge

The rejection of the notice for impeachment of Chief Justice Dipak Misra by Rajya Sabha Chairman M Venkaiah Naidu today not only brought relief to the CJI but also halted a rigorous process for removal of judges that had to be followed on its admission.

If the Vice President had admitted the notice of impeachment moved by Congress-led opposition, the procedure prescribed under Article 124 (4) of the Constitution and the provisions of the Judges (Inquiry) Act, 1968 and the corresponding rules, which deal exhaustively with the entire procedure, would have to be followed.

The long-drawn process for the removal of a Supreme Court judge is mentioned in Article 124(4) of the Constitution, which is termed as impeachment.

Article 124(4) says, "A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by 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 has been presented to the President in the same session for such removal on the ground of proved misbehaviour incapacity."