What is the procedure for the removal of a judge of the Supreme Court?

Answer By law4u team

The procedure for the removal of a judge of the Supreme Court of India is outlined in Article 124(4) and Article 124(5) of the Constitution of India. The removal process is a complex and rigorous one, designed to ensure the independence of the judiciary. Here are the key steps involved: Initiation of Removal Process: The process can be initiated by a motion in either house of Parliament. The motion for the removal of a judge must be signed by at least 100 members of the Lok Sabha (House of the People) or 50 members of the Rajya Sabha (Council of States). Investigation Committee: Once the motion is initiated, the President of India may refer the matter to a committee consisting of three members. This committee typically includes: The Chief Justice of India, or a judge of the Supreme Court nominated by the Chief Justice. The Chief Justice of a High Court. A distinguished jurist. Investigation and Report: The committee investigates the grounds for the removal of the judge and presents a report to the President. The judge in question has the right to be represented and to present evidence in their defense during the investigation. Parliamentary Approval: After receiving the report, the President may then present the matter before both houses of Parliament. If each house, by a majority of the total membership of that house and by a majority of not less than two-thirds of the members present and voting, approves the motion, the judge can be removed. Address to the President: The resolution to remove the judge, if passed by both houses, is presented to the President for their approval. If the President gives the approval, the judge is removed from office. It's important to note that the grounds for the removal of a judge include "proved misbehavior or incapacity." The term "misbehavior" is not specifically defined in the Constitution but is expected to cover serious professional or personal misconduct. The removal process is deliberately intricate to ensure that judges are not subjected to arbitrary or political pressures and that their independence is preserved. The Constitution provides for a robust system that involves multiple stages of scrutiny and approval by both houses of Parliament.

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