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.