Impeachment rarely works as an effective deterrent against Judicial Misconduct

Rigorous process,Overlap of political considerations, limit scope of success

- BY K RAVEENDRAN

The impeachment of Allahabad High Court judge Yashwant Varma in the wake of burnt notes being discovered from his residence appears to be a certainty. However, going by past experience, impeachment has rarely functioned as an effective deterrent against judicial misconduct in India.

In the history of Indian judiciary, only five formal impeachment and removal proceedings have ever been initiated against judges of the Supreme Court and High Courts. This, however, by no means suggests that the judiciary is largely free of corruption or misconduct; rather it reveals how impeachment has functioned more as a symbolic tool than as an effective deterrent against judicial impropriety.

The process of impeachment is exceptionally rigorous. It requires not just a special majority in each House of Parliament but also an inquiry under the Judges Inquiry Act, 1968, if the motion is admitted. The special majority, as defined, demands a majority of the total membership of the House and two-thirds of those present and voting. Such a high threshold ensures that only the most egregious instances of judicial misconduct might proceed to actual removal, thereby protecting judges from political vendetta. However, this also severely limits the practical utility of impeachment as a deterrent mechanism.