Enacted to establish a formal mechanism for investigating allegations of misconduct against higher judiciary members, the Judges (Inquiry) Act, 1968 operationalizes the constitutional provisions (Articles 124(4) and 218) for impeachment of Supreme Court and High Court judges. This law was introduced to ensure judicial accountability while safeguarding judicial independence from arbitrary removal.
Key Provisions:
Complaint Procedure (Section 3): Any MP can initiate proceedings by submitting a motion signed by 100 Lok Sabha or 50 Rajya Sabha members.
Investigation Committee (Section 4): A 3-member committee (SC judge, HC Chief Justice, and eminent jurist) investigates misconduct charges (e.g., incapacity or moral turpitude).
Parliamentary Process (Section 6): If the committee finds the judge guilty, Parliament votes on removal (requiring a 2/3 majority in each House).
Judicial Immunity (Section 5): Bars courts from intervening in impeachment proceedings, preserving parliamentary supremacy.
The Act balances judicial independence with accountability, ensuring fair inquiry while maintaining public trust in the judiciary. The Judges Inquiry (Amendment) Act, 2008 later introduced minor procedural refinements.