What is the Impeachment Motion in India?

Impeachment is mainly a constitutional mode of accountability for certain high constitutional authorities (especially for the President and judges in the Supreme Court and High Courts) in India. It is a sporadic, serious, and a last resort action in cases of misconduct of a grave nature, violation of the Constitution, or incapacity, either on medical advice or mental incompetency that has been proven.

The process for impeachment is thorough, careful, deliberate, and applicable to high constitutional authorities only, with a high level of agreement within Parliament to prevent it from being used for political purposes. 

Impeachment of the President is governed in India by Article 61 and Article 124(4) of the Constitution and the Judges Inquiry Act, 1968 (to remove judges). 

Impeachment aims to protect the integrity and independence of constitutional offices in a legal way, where necessary, in the best interest of democracy and justice.

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

Impeachment Motion in India 

The impeachment motion in India is a constitutional mechanism to remove high constitutional authorities, such as the President and judges of the Supreme Court and High Courts, from office for misbehavior or violations of the Constitution. 

The process for legitimizing the President's impeachment is laid out in Article 61 of the Constitution. The impeachment motion can be introduced in either House of Parliament, and must be passed following an elaborate investigation by a two-thirds majority in each House. 

For judges, the impeachment mechanism is determined by Article 124(4) and the Judges Inquiry Act, 1968. 

This motion in itself requires the signatures of at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha, and is preceded by an inquiry by a special committee. If the allegations are proven true, both Houses of Parliament must pass the motion, again by a two-thirds majority. 

Impeachment is rare in India, as the process is thoroughly structured to ensure that the process does not become abused or frivolous. Yet it also preserves the dignity and public accountability for those in the constitutional offices.

Impeachment of the President

Impeachment of the President of India, as per Article 61 of the Constitution of India, is a constitutional procedure to remove the President for "violation of the Constitution". 

Initiation of the Motion

The procedure can be initiated by either House of Parliament. The motion must be signed by at least one-fourth of the whole House. It must be introduced after at least 14 days’ notice has been given.

Passing of the Motion

The first House must pass the motion with a two-thirds majority of its total membership. The motion is then sent to the other House.

Investigation and Final Approval 

The second House must investigate the allegations. If the second House approves the motion with a two-thirds majority, the President is impeached and removed.

This intricate process ensures that impeachment cannot be abused and upholds the dignity of the Constitution's highest office.

Impeachment of Judges (Supreme and High Court)

The Impeachment of Judges in India is a constitutional process for the removal of judges of the Supreme Court and High Courts for defined misbehaviour or incapacity. It aims at holding judges accountable while respecting and protecting the independence of the judiciary.

Constitutional Provisions

Article 124(4) in the Constitution applies to the process of removal of judges in the Supreme Court, and Article 217 deals with the removal of judges in the High Court. The Judges (Inquiry) Act, 1968, specifies the details of the procedure.

Grounds of Removal

• Judges can only be removed on two grounds:
• Proved misbehaviour
• Incapacity.

Motion can be introduced

A motion for impeachment can be introduced in either House of Parliament. It has to be signed by not less than 100 members of the Lok Sabha, or 50 members of the Rajya Sabha.

Investigation Committee

Once the motion is accepted, a three-member committee will be appointed to investigate the charges made against the judge. The committee will include:

• Judge of the Supreme Court
• A Chief Justice of a High Court
• An eminent jurist.
• If the motion is passed

If the committee finds the judge guilty, to pass the motion, both Houses of Parliament will need to pass the motion in one of two ways:

• By the majority of the total membership of the House, and

• The majority of the members present and voting in the House and the majority will need to be a two-thirds majority.

Conclusion

In India, the impeachment process is an important constitutional safeguard to hold accountable high constitutional functionaries such as the President of India or judges of the Supreme Court and the High Courts. Impeachment procedures are long and complicated for a reason. Instead, it is meant to be used when gross misuse of power occurs and to protect the dignity and independence of the position.

The high thresholds for both bringing forward and passing an impeachment motion indicate the significance of taking any steps to proceed. Though rare in Indian history, the provision serves as a reassuring message that no one is spared under the Constitution, and that public service requires integrity and responsibility.