PROCESS TO IMPEACH 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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The VHP chief said he was not aware of the exact nature of the comments on "majority," attributed to the HC judge, but "I would not be apologetic," even if Justice Yadav had said so. "I would not be able to authenticate those views of his, but then the sentiments and emotions of the majority society deserve as much respect as the sensitivities of the minority," Kumar said.

He added that "Islam in India is technically a minority, but considering their good numbers, they are a second majority in India. 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. He said "whoever speaks the truth" is threatened by the Opposition with an impeachment motion.

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-third after a thorough inquiry into the allegations against the judge.