The Judges (Inquiry) Act, 1968 is an Act of the Indian Parliament, specifically Act No. 51 of 1968, that regulates the procedure for investigating and proving the misbehaviour or incapacity of a judge of the Supreme Court or a High Court. It was enacted in the Nineteenth Year of the Republic of India and came into force on December 5, 1968.
The Act was created to give statutory effect to the constitutional provisions for the removal of judges, as mandated by Article 124(5) of the Constitution of India. It provides the detailed mechanism for the process, which is colloquially known as 'impeachment'. The grounds for removal are limited to "proved misbehaviour or incapacity," as stated in Article 124(4) and extended to High Court judges by Article 218.
The mechanism begins with a motion for removal, which must be signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha. If the Speaker or Chairman admits the motion, a three-member Inquiry Committee is constituted under Section 3 of the Act. This Committee comprises a Supreme Court judge, a Chief Justice of a High Court, and a distinguished jurist. The Committee frames definite charges, gives the judge a reasonable opportunity to defend themselves, and has the powers of a civil court. If the Committee finds the charges proven, the report is submitted to Parliament. The motion must then be passed by a special majority in both Houses—a majority of the total membership and a majority of not less than two-thirds of the members present and voting—before the President can issue the removal order.
While the Act remains the governing law, a proposed Judges (Inquiry) Bill, 2006, which aimed to replace the 1968 Act and establish a National Judicial Council, lapsed. The Act is also supplemented by the Judges (Inquiry) Rules, 1969.