Introduction


         A Supreme Court  Judge can resign from office by writing to the President or can be removed by recommendation of Parliament. A judge may be removed from his office by an order of the President only on the grounds of proved misbehaviour or incapacity.


Grounds :

1) Either Proved Misbehaviour

2) Incapacity

 Impeachment:


     Article 124(4) of the Constitution of Indian provides for the removal of a Judge only on the ground proved misbehaviour or incapacity. Under the Indian Constitution, impeachment is the only way of removing a High Court or Supreme Court Judge. The Procedure laid down in the Judges Inquiry Act'1968.

           According to the Judges Inquiry Act, A motion for a removal is brought by not less than 100 members (MP's) of the Lok-Sabha or 50 Members (MP's) of Rajya-Sabha. If the notices of motion are given the same day in both houses the committee shall not be constituted unless it has been Admitted in both the houses and then the committee shall be constituted jointly by Speaker and Chairman both and shall cause the report to be laid before both the houses. The Committee shall frame definite charges against the Judge on the basis of which investigation is to proceed and the judge shall be given a reasonable opportunity of presenting his written statement and also hearing and cross-examining witnesses. If the report submitted by the committee finds the Judge guilty, further proceedings shall be taken in accordance with the provision of clause 4 if Article 124 in accordance with the article 218. The misbehaviour or incapacity shall be deemed to have been proved and in address for the removal of the judge shall be presented to the President by each house of Parliament in the same session in which the motion has been adopted. President who may pass the Order or Removal of a judge of a Supreme Court.

Example : 

       The Impeachment proceeding initiated against Justice V. Ramaswami a Sitting Judge of the Supreme court of India. The impeachment motion was defeated in Lok-Sabha as it failed to get the support of the two-third majority of the members present and voting.




 See also

1) Difference between Public Interest Litigation and Private Interest Litigation

2) What are the aims and objectives enshrined in the preamble of Indian Constitution ?

3) Difference between Ratio Decidendi and Obiter Dicta

4) Doctrine of 'Precedent' in India

5) Modes of Acquiring Citizenship under the Citizenship Act, 1955


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