Judges (Inquiry) Act, 1968 – Section Summary
| Section | Rule | Key Concept | Case Law |
|---|---|---|---|
| 2 | Defines important terms used in the Act, including “Judge”, “Committee”, “Speaker” and “Chairman”. | The Act applies to judges of the Supreme Court and High Courts, including the Chief Justice of India and the Chief Justices of High Courts. These definitions explain who and what the Act refers to. | — |
| 3 | Provides the procedure for starting an inquiry into a judge's alleged misbehaviour or inability to perform judicial duties. A removal motion must be signed by at least 100 Lok Sabha members or 50 Rajya Sabha members. If the motion is admitted, a three-member committee investigates the allegations. | The committee includes a Supreme Court judge, a Chief Justice of a High Court and a distinguished legal expert. The judge must receive the charges and a reasonable chance to present a defence. | K. Veeraswami v. Union of India (1991) |
| 4 | Requires the committee to submit its report to the Speaker or Chairman, stating whether the charges have been proved. | The committee examines the evidence and gives its findings in a report. The report helps Parliament decide whether the removal process should continue. | C. Ravichandran Iyer v. Justice A.M. Bhattacharjee (1995) |
| 5 | Gives the committee certain powers of a civil court, including the power to summon witnesses, examine them under oath and require documents to be produced. | These powers help the committee collect evidence and investigate the allegations properly. A witness may be required to attend and answer questions. | — |
| 6 | Sets out what happens after the committee submits its report. If the charges are not proved, the motion cannot proceed. If they are proved, Parliament considers the motion and must pass it in each House by the special majority required under the Constitution. | A committee finding alone does not remove a judge. Removal requires the constitutional process to be completed in both Houses of Parliament, followed by an address to the President. | Justice J.S. Verma, In re (1995) |
| 7 | Allows the Central Government to make rules to carry out the purposes of the Act. | Rules provide details needed to apply the Act in practice. They support the inquiry and removal procedure laid down by the law. | — |