Can the President remove a Supreme Court judge?

Answer By law4u team

No, the President of India cannot remove a Supreme Court judge solely by their own decision. The removal (or impeachment) of a Supreme Court judge in India is governed by a strict constitutional process under Article 124(4) of the Indian Constitution, and the President plays only a formal and procedural role in this process. Here is a detailed explanation: 1. Constitutional Provision – Article 124(4): A judge of the Supreme Court can be removed from office only on the grounds of: Proven misbehaviour or Incapacity The process for removal is detailed in the Judges (Inquiry) Act, 1968 and involves both Houses of Parliament. 2. Step-by-step process for removal: Step 1: Initiation of motion A removal motion must be signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha. This motion is submitted to the Speaker (Lok Sabha) or Chairman (Rajya Sabha). Step 2: Inquiry Committee If the motion is admitted, a three-member inquiry committee is formed, comprising:A Supreme Court judge A Chief Justice of a High Court A distinguished jurist This committee investigates the charges against the judge. Step 3: Report of the committee If the committee finds the judge guilty of misbehaviour or incapacity, the motion is taken up for voting in both Houses of Parliament. Step 4: Parliamentary approval The motion must be passed in both Houses by a majority of the total membership and by a two-thirds majority of members present and voting. Step 5: President’s role Once both Houses pass the motion, it is sent to the President. The President must then issue an order for the removal of the judge; the President does not have discretion to reject the recommendation. 3. President's role is formal: The President does not have the power to remove a judge independently. The removal can only happen after a rigorous and impartial process involving Parliament and an inquiry committee. Conclusion: The President of India cannot unilaterally remove a Supreme Court judge. Removal is only possible through a detailed constitutional process involving both Houses of Parliament and a judicial inquiry, ensuring checks and balances in the judiciary’s independence.

Answer By Ayantika Mondal

No, the President of India cannot unilaterally remove a Supreme Court judge. The impeachment (removal) process is constitutionally defined and involves multiple steps to ensure judicial independence. Articles 124 and 217 of the Constitution provide that a judge of the Supreme Court/High Court shall be removed by the President, on the grounds of ‘proved misbehaviour’ or ‘incapacity’ after a motion is passed in each House of Parliament by a majority of the total membership of that House and by a majority of not less than two thirds of the members of that House present and voting (special majority) in the same session. And if the motion is successfully passed by both the houses of the Parliament the President issues an order to impeach the concerend Judge. The Constitution does not define the terms ‘proved misbehaviour’ or ‘incapacity.’ The Supreme Court has opined in various cases that willful misconduct in office, corruption, lack of integrity or any other offence involving moral turpitude would constitute misbehaviour. Incapacity here means a medical condition that may include physical or mental incapacity. The complete process to remove judges appears in the Judges (Inquiry) Act of 1968. A notice of motion for removal must be signed by at least 50 Rajya Sabha members combined with 100 Lok Sabha members according to the Judges (Inquiry) Act, 1968. After proper evaluation together with consultation the Chairman or Speaker decides whether to accept or deny the presented motion. After admission a three-member committee will form through the selection of Supreme Court or High Court judges together with one distinguished jurist of the nation. The motion pending should not proceed when the investigative Committee finds that the judge does not display misbehaviour or incapacity. The committee prepares its findings regarding misbehaviour or incapacity which will become a matter for the Houses of Parliament to examine until they obtain special majorities to pass the motion. Conclusion: President plays a nominal role in impeaching the Judge. The real power to impeach the Judge remains in the hands of Parliament but the process of impeachment is a stringent process and till date no Supreme Court Judge has been impeached by this process.