Question

On what grounds can a Judge of the Supreme Court be removed from the office?

Answer 1

Hint: The Supreme Court is the apex court of India. Article 124 of the Indian Constitution and the Judges Inquiry Act of 1968 determines the procedure of removal of the judges of the Supreme Court. A judge of the Supreme Court can only be removed through the process of impeachment as mentioned in Clause 4 of the same article.

Complete answer: The Chief Justice of India is appointed by the President in consultation with such judges of the Supreme Court and High Court as he may deem fit. In the appointment of other judges of the Supreme Court, the President of India must consult with the Chief Justice of India. Widening the scope of the consultation process, the Supreme Court said with regard to the appointment of judges to the Supreme Court, the Chief Justice should consult a collegium of four senior-most Judges of the Supreme Court and made it clear that even if two judges have given an adverse opinion, the Chief Justice should not send the recommendations.

A Judge of the Supreme Court can be removed from office by the President after an address by each House of Parliament, supported 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 has been presented to the President, in the same session for such removal on the ground of proved misbehaviour and incapacity.

Note: Judges of the Supreme Court hold office till they complete the age of 65 years. They cannot do practice in any court of law after retirement. A Judge may resign his office by writing to that effect to the President before the completion of his tenure.