Can a Chief Justice of India be impeached? Here’s what you need to know about the procedure

NEW DELHI: In an unprecedented press meeting on Friday, four top judges of the Supreme Court rebelled against Chief Justice of India Dipak Misra on the issue of judiciary’s freedom. “Democracy cannot survive in this or in any country,” said the judges while accusing the CJI of assigning cases selectively to benches of preference.

The four rebel judges – Justice Chelameswar, Justice Madan Lokur, Justice Kurien Joseph and Justice Ranjan – alleged that cases with large implications were heard by the bench headed by CJI single-handedly. 

When questioned about impeachment, the judges claimed that it’s a decision that the nation must take. 

But can the CJI be impeached?

According to the Constitution of India, the Chief Justice of India can be in office 65 years of age. 

The Article 124 (4) empowers Parliament to initiate the process of removal of any Supreme Court judge on the grounds misbehaviour or incapacity. 

The constitution says:

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 that 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.

— Article 124(4), Constitution of India, Source