After going through this lesson you will be able to understand the procedure for the removal of a Supreme Court Judge.
The President appoints the judges of the Supreme Court in consultation with the other judges of the Supreme Court, High Court and Council of Ministers. The senior most judge is made the Chief Justice of India.
The judge of a Supreme Court holds office until he attains the age of 65 years. He may resign from his office by submitting a letter of resignation to the President. A judge of the Highest Court can be removed only by the process of impeachment on the grounds of proved misbehaviour or incapacity. A judge of the Highest Court can be impeached only if such an order is passed by two-thirds majority of the total membership of both Houses of the Parliament.
Procedure for the removal of a Supreme Court Judge
A Judge can be impeached on grounds of proven misbehavior or incapacity. The process involves a motion being passed by a special majority of each House of Parliament.
(i) A motion addressed to the President which has been signed by at least 100 members of the Lok Sabha or 50 of the Rajya Sabha is given to the chairman or Speaker.
(ii) It is then investigated by a committee of 2 Supreme Court Judges and a distinguished jurist.
(iii) If the motion is found acceptable then it is given to the initiating House for consideration.
(iv) It has prospected to the President after it has been passed by a two-thirds majority of each house.
(v) The judge will be removed after the President gives the order for his removal
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