Supreme Court: Removal of Judges

Constitutional Provision

  • Article 124(4) of the Constitution: A Supreme Court judge shall not be removed from office except by an order of the President, passed after an address by each House of Parliament, supported by:
    • Majority of total membership of that House
    • Majority of not less than two-thirds of members present and voting.
  • Grounds: Proved misbehaviour or incapacity.

Procedure (Judges Inquiry Act, 1968)

  • Initiation of Motion
    • Notice given by 100 Lok Sabha members or 50 Rajya Sabha members.
  • Admission by Presiding Officer
    • Speaker/Chairman may admit or refuse the motion.
  • Inquiry Committee Formation: 3 members
    • A Supreme Court Judge
    • A Chief Justice of a High Court
    • A distinguished jurist
  • Investigation
    • Committee examines charges of misbehaviour or incapacity.
  • Report
    • If charges not proved → process ends.
    • If charges proved → motion taken up in Parliament.
  • Parliamentary Approval
    • Both Houses must pass the motion with special majority.
  • Presidential Order
    • On Parliament’s recommendation, President issues order for removal.
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