Members of the Higher Judiciary

Impeachment is a lengthy parliamentary process to examine the alleged misconduct or incapacity by a public servant before the person is sacked.

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dia. So, unless we develop mutual respect, if not respect, then mutual tolerance for others' sensitivities, there cannot be any integration. If a majority holds a particular view, then others should not make an issue of it." Following the controversy, Uttar Pradesh Chief Minister Yogi Adityanath also came out in support of Justice Yadav, saying the judge cannot be faulted for merely expressing his opinion.

Procedure for impeachment

The legal framework for impeachment of a Supreme Court or High Court judge is provided under Articles 124 and 217 of the Constitution. A detailed procedure for removal is specified under the Judges Inquiry Act 1968. Articles 124(4) and (5) provide that a Supreme Court judge can be removed from office only through impeachment by Parliament on proven grounds of misbehaviour or incapacity. The impeachment resolution shall be passed by a 'special majority' of two-thirds after a thorough inquiry into the allegations against the judge.

Clause (4) of Article 124 of the Constitution provides that "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 the House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity." Clause (5) of the same Article says, "Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of a Judge under clause (4)."