Landmark Instances

India does not have a history of removal of judges. Till date, no judge has been removed
under Article 124 (4) or Article 218. But there are instances when proceedings for the
removal have been initiated.

Justice V. Ramaswami, the then sitting judge of the Supreme Court, was the first against
whom impeachment proceedings were initiated in 1991. Charges of corruption were levelled
against him. A petition was filed by a Congress M.P., Shri M. Krishnaswami, challenging the
investigation of the committee and asking for the copy of the report alleging that Justice
Ramaswami has not been given a fair chance to be heard. This petition was quashed by the
court saying that the petitioner has no locus standi. The motion was brought against him in
Lok Sabha but due to lack of a two-thirds majority, the motion could not be passed. However,
he later resigned from the post.

In 2009, the process for removal of Justice P.D. Dinakaran, the then chief justice of Sikkim
high court, was started. The motion was started in the upper house where 16 charges were
levelled against him. A committee was set up but Justice Dinakaran resigned before the
hearing would be started.

 In 2011, Justice Soumitra Sen of Calcutta High Court faced proceedings for removal. He was
charged with misconduct. After the investigation, the upper house passed the motion against
him. Soon before the voting was to be started in the lower house, Justice Sen resigned.

Notice for removal of Justice J.B. Pardiwala of Gujarat High Court was given to the chairman
of Rajya Sabha in 2015. But before the chairman would decide whether to accept the motion,
Justice Pardiwala resigned.

Similarly, efforts were made to remove Justice S.K. Gangele of Madhya Pradesh High Court.
The committee observed that the charges made against him including that of sexual
harassment are not proved beyond a reasonable doubt. In 2016 and 2017, efforts were made
to remove Justice C.V. Nagarjuna Reddy of Andhra Pradesh and Telangana High Court.

The very recent incident was of Chief Justice of India, Justice Deepak Mishra in 2018.
Members of opposition parties of parliament moved a notice to the chairman in Rajya Sabha
for his removal. However, it was rejected by the chairman, M Venkaiah Naidu.