Saurabh Bindal & Dr. Uday Shankar write about the propriety of impeachment proceedings of a judge.
ABSTRACT
Acceptance of the resignation of a judge of the High Court of Calcutta by the President of India has raised academic debate on the propriety of impeachment proceedings of a judge. Tendering a resignation and subsequent acceptance in the midst of impending proceedings touches upon the issue of legal process involved in impeachment. . Whether the holder of the highest constitutional office should have waited for the completion of the process undertaken by the constitutional body or the resignation left the matter in fructuous and vitiated the need to drive the impeachment to a logical conclusion, is a question, which, this paper attempts to address. Reliving the nature and scope of impeachment proceeding, the script sheds light on the propriety of the action of the executive when the matter was under consideration before the pillar of democracy i.e., Parliament.