Background of the Motion
Impeachment Motion Against Justice Swaminathan: Members of the INDIA bloc submitted a formal letter to the Speaker of the Lok Sabha seeking to move an impeachment motion against Justice Swaminathan, a sitting High Court judge.
The motion relates to alleged concerns over his conduct while discharging judicial functions.
The MPs stated that the judge’s actions raised serious doubts about impartiality, transparency, and the secular functioning of the judiciary, which are core principles of India’s constitutional system.
Constitutional Basis for Removal
The MPs invoked Article 217, read with Article 124 of the Constitution of India, which together lay down the procedure for removal of High Court judges.
These provisions ensure that judicial independence is protected while allowing accountability through a rigorous process.
Static GK fact: Article 217 deals with appointment and removal of High Court judges, while Article 124(4) provides the detailed impeachment mechanism originally framed for Supreme Court judges.
Role of Parliament in the Process
For an impeachment motion against a High Court judge to be initiated, it must be signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha.
This high threshold prevents misuse of the process for political or personal reasons.
In this case, MPs submitted supporting letters addressed to both the President of India and the Chief Justice of India, reflecting the seriousness attached to the issue.
Investigative Committee Stage
If the Speaker admits the motion, a three-member inquiry committee is constituted to investigate the allegations.
The committee typically includes a Supreme Court judge, a High Court Chief Justice, and a distinguished jurist.
The committee examines evidence, hears the judge’s defence, and submits its findings to Parliament.
Only if the committee finds the judge guilty of proved misbehaviour or incapacity does the process move forward.
Static GK Tip: The term “proved misbehaviour” is deliberately undefined to allow Parliament discretion while maintaining judicial fairness.
Voting Requirement in Parliament
After the inquiry report, both Houses of Parliament must pass the motion separately.
The Constitution mandates a special majority, meaning two-thirds of members present and voting, along with an absolute majority of the total membership of each House.
This dual majority requirement makes impeachment one of the most stringent legislative procedures in India.
Final Role of the President
Once both Houses approve the motion, it is sent to the President of India.
The President then issues the formal order of removal, completing the constitutional process.
Importantly, the President acts on parliamentary approval and does not exercise personal discretion in this matter.
Historical Context and Significance
Despite several impeachment attempts in India’s parliamentary history, no judge has been successfully impeached so far.
Some proceedings failed due to lack of required majority, while others were dropped before completion.
Static GK fact: Judges like Justice V. Ramaswami faced impeachment motions, but none resulted in removal, highlighting the robustness of judicial safeguards.
Static Usthadian Current Affairs Table
Impeachment Motion Against Justice Swaminathan:
| Topic | Detail |
| Judge concerned | Justice Swaminathan |
| Motion initiated by | INDIA bloc MPs |
| Constitutional articles | Article 217 read with Article 124 |
| Minimum signatures required | 100 LS members or 50 RS members |
| Investigating body | Three-member inquiry committee |
| Parliamentary majority needed | Special majority in both Houses |
| Final authority | President of India |
| Historical outcome | No judge impeached in India till date |
