On February 13, 2025, Rajya Sabha Chairman Jagdeep Dhankhar addressed concerns regarding the removal of Justice Shekhar Yadav of the Allahabad High Court. He emphasized that only Parliament has the constitutional authority to remove a High Court judge, as per the Indian Constitution.

Constitutional Provisions (Articles 218)

Grounds for Removal

A judge can be removed on the grounds of misbehaviour or incapacity:

  • Misbehaviour: Includes wilful misconduct, corruption, lack of integrity, and offences involving moral turpitude.
  • Incapacity: Refers to a physical or mental condition preventing the judge from effectively performing judicial duties.

Process for Removal

  • A removal motion must be introduced in both Houses of Parliament (Rajya Sabha and Lok Sabha).
  • The motion must be approved by:
    1. A majority of the total membership of each House.
    2. A two-thirds majority of members present and voting (special majority).

Procedure Under the Judges (Inquiry) Act, 1968

Step 1: Initiating the Motion

  • The motion must be signed by at least:
    1. 50 Rajya Sabha members.
    2. 100 Lok Sabha members.

Step 2: Consideration of the Motion

  • The Chairman of the Rajya Sabha or Speaker of the Lok Sabha may:
    1. Admit the motion for investigation.
    2. Reject the motion if it does not meet the required criteria.
  • Consultation with legal and constitutional experts takes place before proceeding.