Content Judicial Removal (Impeachment of Judges) in India Water Bankruptcy & the Case for Water Accounting Judicial Removal (Impeachment of Judges) in India Context Trigger Renewed debate following failed / stalled removal attempts against higher judiciary judges despite serious allegations . Recent References Parliamentary discussions and legal commentary highlighting procedural roadblocks under the Judges (Inquiry) Act, 1968. Rising concerns about accountability deficit in higher judiciary. Raises tension between judicial independence vs accountability. Relevance GS II – Polity & Governance Judicial accountability vs judicial independence Constitutional mechanisms for removal of judges Separation of powers & checks and balances Role of Parliament and Presiding Officers Institutional reforms in judiciary Practice Question “The impeachment mechanism for judges in India prioritises independence over accountability.”Critically examine the statement in the light of constitutional provisions and recent debates.(250 Words) Conceptual & Static Foundation Core Concept Judicial Removal : A constitutional mechanism to remove a judge of the Supreme Court or High Court on grounds of: Proved misbehaviour Incapacity Constitutional Basis Article 124(4) – Supreme Court judges Article 217(1)(b) – High Court judges Statutory Framework Judges (Inquiry) Act, 1968 + Judges (Inquiry) Rules, 1969 Historical Evolution Constituent Assembly Intentionally made removal difficult to protect judicial independence. Post-1950Justice Soumitra Sen (2011) – resigned before final removal. Trend Shift from moral authority of judiciary → demand for institutional accountability. Constitutional & Legal Dimensions Key Articles Article 124(4): Removal by Parliament with special majority. Article 124(5): Parliament empowered to regulate procedure. Procedure Motion signed by: 100 MPs (Lok Sabha) or 50 MPs (Rajya Sabha) Admission by Speaker / Chairman 3-member Inquiry Committee: SC judge HC Chief Justice Distinguished jurist Supreme Court Interpretation C. Ravichandran Iyer v. Justice A.M. Bhattacharjee (1995): High ethical standards expected; impeachment is not sole accountability mechanism. Separation of Powers Issue Presiding officer’s discretionary power creates a constitutional grey zone. Governance & Administrative Dimensions Institutional Actors Parliament (political threshold) Presiding Officers (Speaker / Vice-President) Inquiry Committee (quasi-judicial) Key Governance Gap No obligation on Speaker/Chairman to: Admit motion Provide reasons for rejection Coordination Issue Judiciary investigates itself → perception of bias. Result Accountability becomes procedurally hostage to political discretion. Economic Dimensions Indirect Economic Impact Weak judicial accountability: Undermines investor confidence Affects contract enforcement Increases litigation uncertainty World Bank (Rule of Law Index logic) Judicial credibility directly correlates with ease of doing business and economic growth. Social, Ethical & Equity Dimensions Ethical Concerns Judges exercising power over citizens without effective removal threat. Impact on Vulnerable Groups Victims of judicial misconduct (women, litigants) face: No external redress Closed institutional processes Constitutional Values Article 14 (Equality before law) Article 21 (Due process, dignity) SDG Link SDG 16: Peace, Justice and Strong Institutions Security / Technology Dimensions Security Angle Loss of public faith can fuel: Institutional distrust Democratic erosion Technology Absence of transparent digital disclosure mechanisms for complaints. Data & Evidence Zero judges removed through full impeachment since 1950. Over 5 impeachment motions moved; most failed at admission stage. Special Majority Requirement: Majority of total membership + 2/3rd of members present & voting. Judicial Vacancies: Over 25–30% vacancies in High Courts (Law Ministry data), amplifying institutional stress. Challenges, Gaps & Criticisms Structural / Institutional Issues Over-concentration of power in Speaker/Chairman. Judiciary effectively judging its own members. Implementation & Design Issues No time-limit for: Admission of motion Completion of inquiry Extremely high political threshold discourages MPs. Expert / Committee Criticism ARC (2nd ARC, Ethics in Governance): Recommended independent judicial oversight mechanism. Legal Scholars Impeachment is a “dead letter”—symbolic, not functional. Way Forward Procedural Reforms Speaker/Chairman should record written reasons for admission/rejection. Statutory time-bound stages for inquiry. Institutional Reform Establish Judicial Complaints Commission (revive NJAC-like accountability without compromising independence). Transparency Annual public report on judicial complaints (anonymised). Ethical Safeguards Strong in-house mechanisms with external oversight. Constitutional Balance Accountability without executive dominance. Prelims Pointers Judges (Inquiry) Act, 1968 governs impeachment procedure. Special majority required in both Houses. Presiding officer not constitutionally bound to admit motion. “Proved misbehaviour” is not defined in the Constitution. No impeachment possible after judge’s resignation. Water Bankruptcy & the Case for Water Accounting Context Trigger Editorial discourse on “Water bankruptcy” highlighting unsustainable water extraction amid climate shocks. Context India facing simultaneous floods, droughts, groundwater depletion, and water quality collapse. Climate change amplifying hydrological extremes. Relevance GS I – Geography Water resources Climate change and hydrological extremes Human–environment interaction GS III – Environment & Economy Water security and food security Agricultural sustainability Climate adaptation Natural resource management Practice Question What is meant by “water bankruptcy”? Explain how climate change and governance failures are accelerating water stress in India.(250 Words) Conceptual & Static Foundation Core Concept Water Bankruptcy A structural condition where water withdrawals exceed natural recharge, leading to: Irreversible depletion Ecological damage Declining water quality Long-term economic & human security risks Core Idea Treats water as natural capital, not an infinite public good. International Reference UN-Water: Warns of a global demand–supply gap of ~40% by 2030. Historical Evolution Traditional Phase Community-based systems (tanks, stepwells, johads) ensured local recharge–use balance. Post-Green Revolution Shift to: Tube wells Free/subsidised electricity Water-intensive crops Current Phase Climate-driven hydrological instability + governance failure → water bankruptcy. Constitutional & Legal Dimensions Constitutional Position Water is a State subject – Entry 17, State List. Union Role Entry 56, Union List: Inter-state rivers. Article 262: Inter-state river disputes. Key Laws / Policies National Water Policy (2012) – non-binding Model Groundwater Bill – limited state adoption Judicial Interventions Supreme Court: Right to clean water implicit under Article 21. Federal Challenge Fragmented authority with weak enforcement capacity. Governance & Administrative Dimensions Institutional Landscape Ministry of Jal Shakti Central Ground Water Board (CGWB) State water resource departments Governance Gap No mandatory water accounting at basin/state/farm level. Centre–State Issues Data asymmetry Politicisation of river disputes Implementation Deficit Schemes focus on supply augmentation, not demand management. Economic Dimensions Macroeconomic Impact Agriculture (~80% of freshwater use) most vulnerable. Water stress threatens food security & rural livelihoods. Productivity Loss Over-irrigation → soil salinity, declining yields. Economic Survey Insight Efficient irrigation can significantly improve water-use productivity. Global Evidence World Bank links water scarcity to GDP loss of up to 6% in water-stressed economies. Social, Ethical & Equity Dimensions Equity Concerns Rich farmers access groundwater; poor depend on failing surface sources. Gender Dimension Women bear disproportionate burden of water scarcity. Ethical Issue Inter-generational injustice: current extraction mortgaging future needs. DPSP & SDG Link Article 39(b): Equitable distribution of material resources. SDG 6: Clean Water and Sanitation. Environmental / Climate Dimensions Climate Linkages Himalayan snow decline Erratic monsoon Intense rainfall + long dry spells Ecological Impact Wetland loss River baseflow reduction Biodiversity stress Pollution Nexus Lower flows → higher concentration of pollutants. Data & Evidence India extracts ~250 billion cubic metres of groundwater annually – highest globally. ~10.8% of India’s groundwater units are over-exploited or critical (CGWB-2025). Per capita water availability declined from ~5,000 m³ (1950) to ~1,486 m³ today. Agriculture uses ~80% of freshwater. UN projects 40% global water deficit by 2030. Challenges, Gaps & Criticisms Structural / Institutional Issues Absence of basin-level water governance. Weak groundwater regulation. Implementation & Design Issues Free power incentives distort farmer behaviour. Lack of real-time data on withdrawals and recharge. Poor adoption of micro-irrigation beyond subsidies. Expert / Committee Criticism NITI Aayog (CWMI): Warns of severe water stress threatening India’s growth trajectory. CAG Reports Highlight inefficiencies in irrigation projects and command area development. Way Forward Water Accounting Mandatory basin-level and aquifer-level water budgeting. Demand Management Crop diversification away from water-intensive crops. Rationalisation of electricity subsidies. Institutional Reform Strengthen CGWB with regulatory powers. Technology Remote sensing + AI for real-time water monitoring. Community Approach Revive traditional water harvesting systems. Policy Alignment Update National Water Policy with legal backing. Prelims Pointers Water is a State subject, not Union. Groundwater is not explicitly regulated by a central law. India is the largest groundwater extractor globally. National Water Policy is non-binding. CWMI is released by NITI Aayog, not Ministry of Jal Shakti. Water scarcity ≠ drought; scarcity can exist even in high rainfall areas.