Explainer: How Can a Supreme or High Court Judge be Removed from their Office? Steps of the Impeachment Process

Recently, Justice Yashwant Varma found himself at the centre of a notable parliamentary and legal debate. 

The controversy stemmed from a large sum of partially burnt cash that was discovered at his official residence in Delhi on March 14, 2025, shortly after a fire in an outhouse. At that time, he was serving as a judge of the Delhi High Court.

Due to this, the then Chief Justice of India (CJI) Sanjiv Khanna constituted a three-member in-house inquiry committee, led by Chief Justice Sheel Nagu of the Punjab and Haryana High Court.

Furthermore, with the commencement of the monsoon session of Parliament, an impeachment motion against Justice Varma has gained significant traction.

Over 200 Members of Parliament, including members from various political parties, have submitted notices to the Lok Sabha Speaker and Rajya Sabha Chairman seeking his removal.

Now, if you are unaware of how a high court or supreme court judge is removed from his office, then in this article, we'll understand the process of impeachment and how it's done.

How is an SC/HC Judge Removed from His Office? Know the Complete Impeachment Process

In India, the removal of a Supreme Court (SC) or High Court (HC) Judge is a stringent process designed to uphold judicial independence while ensuring accountability. 

This process, often referred to as impeachment, is outlined in Articles 124(4) and 218 of the Constitution of India and regulated by The Judges (Inquiry) Act, 1968.

Here's the complete impeachment process:

• Grounds for Removal: A judge can only be removed from office on two specific grounds:
• Proved Misbehaviour: This includes acts of corruption, misuse of office, violation of judicial ethics, or any conduct that undermines the dignity of the judiciary.
• Incapacity: This refers to a judge's inability to perform their duties due to physical or mental infirmity.

Initiation of Motion:

• A removal motion must be signed by at least 100 Members of Lok Sabha (House of the People) or 50 Members of Rajya Sabha (Council of States).
• This motion is then submitted to the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha, respectively.

Scrutiny by the Presiding Officer:

• The Speaker/Chairman has the discretion to admit or reject the motion after careful consideration. They assess whether the allegations warrant further investigation.

Constitution of Inquiry Committee:

• If the motion is admitted, the Speaker/Chairman constitutes a three-member inquiry committee to investigate the charges.
• This committee typically comprises:
• A sitting Supreme Court Judge or the Chief Justice of India.
• A Chief Justice of a High Court.
• A distinguished jurist.

Inquiry Process:

The committee conducts a thorough investigation, examining evidence, hearing witnesses, and providing the accused judge with a reasonable opportunity to present their defence.

The proceedings are generally confidential.

Committee Report:

• The committee submits its report to the Speaker/Chairman.
• If the report finds the judge not guilty, no further action is taken, and the motion lapses.
• If the report finds the judge guilty of proven misbehaviour or incapacity, the motion, along with the report, is taken up for consideration in Parliament.

Parliamentary Approval:

• The motion is debated in both Houses of Parliament.
• For the motion to pass, it must be supported by a special majority in each House, meaning:
• A majority of the total membership of that House.
• Not less than two-thirds of the members of that House present and voting.

Presidential Order:

• If both Houses of Parliament pass the motion by the required special majority in the same session, it is then presented to the President of India.
• The President then issues an order for the removal of the judge.

In-House Mechanism (Informal Process):

Apart from the formal impeachment process, the Chief Justice of India (CJI) can also initiate an internal investigation into allegations of misconduct against a judge. If serious misconduct is found, the judge may be advised to resign. 

If they refuse, the CJI can withdraw judicial work and inform the President and Prime Minister, which can pave the way for formal impeachment proceedings. However, this in-house mechanism lacks statutory backing.