A Judge of the Supreme Court in India can be removed through a process defined in the Constitution. The removal process is outlined in Article 124(4) of the Indian Constitution. Here are the key steps and provisions:
- Initiation of the Process: The process for the removal of a Supreme Court Judge can be initiated by the President of India. The President can act on a motion (notice) signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha.
- An investigation by Parliament: After the motion is presented, an investigation committee is formed to inquire into the allegations against the Judge. This committee consists of the Chief Justice of India and other Judges of the Supreme Court, as well as an equal number of members chosen by Parliament.
- Report and Addressing Parliament: The committee submits its report to Parliament. If the committee finds the Judge guilty of misbehavior or incapacity, the motion for removal is taken up for consideration.
- Approval by Parliament: The motion for removal must be approved by each House of Parliament—Lok Sabha and Rajya Sabha—by a special majority. A special majority requires a majority of the total membership of the House and a majority of not less than two-thirds of the members present and voting.
- President’s Order: After both Houses approve the motion, the President can issue an order removing the Judge from office.
This constitutional provision ensures that the process for the removal of a Supreme Court Judge is thorough, involves investigation by a committee, and requires significant parliamentary approval.
Highlighting important keywords:
- Article 124(4): Constitutional provision for the removal of Supreme Court Judges.
- President of India: Initiates the process based on a motion from Parliament members.
- Motion: Requires signatures of at least 100 Lok Sabha members or 50 Rajya Sabha members.
- Investigation Committee: Comprises the Chief Justice of India, other Supreme Court Judges, and members chosen by Parliament.
- Misbehavior or Incapacity: Grounds for removal.
- Special Majority: Required for approval in both Houses of Parliament.
- Special Majority Definition: Majority of the total membership and two-thirds majority of members present and voting.
- President’s Order: Issued after both Houses approve the motion.
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