The Judges (Inquiry) Act, 1968

Summary of The Judges (Inquiry) Act, 1968
Objective
The main objectives of the Act are to:
• Establish a fair and transparent procedure for investigating allegations of misbehaviour or incapacity against Judges of the Supreme Court and High Courts.
• Give effect to the constitutional provisions relating to the removal of judges.
• Protect the independence, integrity, and impartiality of the judiciary.
• Ensure that judges are removed only after a thorough and impartial inquiry.
• Maintain public confidence in the judicial system by providing an objective mechanism for judicial accountability.
Key Provisions
• Applicability: Applies to Judges of the Supreme Court and High Courts.
• Notice of Motion: Provides that a motion for the removal of a judge may be initiated in either House of Parliament by the required number of Members of Parliament, as prescribed under the Constitution and parliamentary rules.
• Admission of Motion: Empowers the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha, as the case may be, to admit or refuse the motion after considering the material placed before them.
• Constitution of Inquiry Committee: If the motion is admitted, an Inquiry Committee is constituted to investigate the allegations. The Committee consists of:
o A Judge of the Supreme Court;
o A Chief Justice of a High Court; and
o One distinguished jurist.
• Inquiry Procedure: The Committee conducts a detailed inquiry, gives the judge a reasonable opportunity to present a defence, examine witnesses, and produce evidence, while following the principles of natural justice.
• Committee Report: After completing the inquiry, the Committee submits its report to the Speaker or the Chairman stating whether the charges of misbehaviour or incapacity have been proved.
• Parliamentary Process: If the charges are proved, the motion for removal may be taken up by both Houses of Parliament. The judge can be removed only if each House passes the motion by the special majority prescribed under the Constitution.
• Removal by the President: After both Houses pass the motion, the President of India issues an order removing the judge from office

Legislative History:

The Judges (Inquiry) Act, 1968

● Act Title - The Judges (Inquiry) Act, 1968

● Act Number / Year - 51 of 1968

● Act ID (India Code) - 196851

● Presidential Assent Date - December 5, 1968

● Enforcement Date - January 1, 1969

● Nodal Ministry - Ministry of Law and Justice

Precedent & Historical Rationale

● Constitutional Framework under Article 124(5) - Enacted pursuant to Clause (5) of Article 124 of the Constitution of India, which empowers Parliament to regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of a Judge of the Supreme Court or of a High Court.

● Judicial Independence & Due Process - Formulated to establish a structured, impartial, and statutory mechanism for investigating allegations of misbehaviour or incapacity against Judges, safeguarding judicial independence while ensuring accountability.

Parliamentary Trajectory & Enactment

● Formulation - Introduced by the Ministry of Law and Justice to fulfill the constitutional mandate and establish a standardized three-member Committee procedure for judicial inquiry.

● Parliamentary Passage - Debated in both Houses of Parliament (Fourth Lok Sabha and Rajya Sabha) and referred to a Joint Committee before being passed in November 1968.

● Presidential Assent - Received Presidential Assent on December 5, 1968.

● Enforcement - Enforced on January 1, 1969.

Source - Official Record of Parliament, India Code, and Ministry of Law and Justice.