Judges (Inquiry) Act, 1968

It lays down procedure to initiate and conduct enquiry against erring judges. The Act provides the procedure for the investigation and proof of the misbehaviour or incapacity of a judge of the Supreme Court or of a High Court and for the presentation of an address by Parliament to the President and for matter, connected therewith.

  • An impeachment motion for Judges may originate in either House of Parliament.
  • Section 3 describes if the motion is admitted, the Speaker or Chairman (who receives it) will constitute a three-member committee to investigate the complaint. It will comprise: (i) a Supreme Court judge; (ii) Chief Justice of a High Court; and (iii) a distinguished jurist. The committee will frame charges based on which the investigation will be conducted.
  • Once the motion is adopted in both Houses, it is sent to the President, who will issue an order for the removal of the judge.
  • No judge has been removed from the office till date, allegations and enquiry were initiated against judges like Soumitra Sen, Veeraswami Ramaswami, etc. but they resigned before completion of proceedings.