No judge of a constitutional court has been successfully impeached by Parliament in independent India's history. Impeachment motions have been brought before Parliament seven times and in two cases, the judges in question have resigned, with one of them resigning even before impeachment proceedings were set in motion on the floor of the House.
The motion for impeachment is being moved both in the Lok Sabha and the Rajya Sabha and the process of collecting signatures is currently underway. As per the rules for an impeachment motion to be considered for admission in the Rajya Sabha, the signatures of at least 50 lawmakers are needed. In the Lok Sabha, this number is 100. The Opposition effort has already garnered around 38 signatures in the Rajya Sabha and around 50 in the Lok Sabha, said people aware of developments.
The Indian National Developmental Inclusive Alliance has the numbers to bring the motion in both Houses—it has 237 members in the Lok Sabha and 86 in the Rajya Sabha—but it might fall short if the motion is put to a vote. Under Article 124(4) of the Constitution, a judge may be removed from office on grounds of proved misbehaviour or incapacity. The term "misbehaviour" encompasses actions that undermine judicial ethics, impartiality, and public trust in the judiciary.
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