On Monday, 75 members of the Rajya Sabha submitted a signed motion for impeachment of controversial Karnataka High Court Chief Justice P D Dinakaran. Maneesh Chhibber takes a look at what the process entails:

What is impeachment?

A member of the higher judiciary, which means the Judges and Chief Justices of the Supreme Court of India and the state High Courts, can be removed from service only through the process of impeachment under Article 124 (4) of the Constitution on grounds of proven misbehaviour or incapacity. In India, there is no other process by which a Judge can be removed from office before his term comes to an end. However, the process is very cumbersome.

Who decides if a Judge should be impeached?

As per the Judges Inquiry Act, 1968, a complaint against a Judge has to be made through a resolution either by 100 members of the Lok Sabha or 50 Rajya Sabha members. After the MPs submit a duly signed motion to this effect to their respective presiding officers — Chairman of the Rajya Sabha or Speaker of the Lok Sabha — the presiding officer constitutes a three-member committee comprising two Judges — one from the Supreme Court and one Chief Justice of a High Court if the complaint is against a HC Judge; and two Supreme Court Judges if the complaint is against a sitting Judge of the apex court — and a jurist to probe the complaint and determine if it is a case fit for initiating the process of impeachment.

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