Impeachment of a Judge [Art. 124(4)]

 Art. 124(4) provides that a Judge of the Supreme Court can be removed by the President upon an address to that effect being passed by each House of Parliament by a special majority (majority of total membership of that House and by a majority of not less than two-thirds of the members present and voting). The only grounds upon which such removal may take place are :

1)      proved misbehaviour

2)      incapacity

The combined effect of Art. 124(4) and the Judges (Inquiry) Act, 1968 is that the following procedure is to be observed for removal of a Judge :-

1)      A motion addressed to the President signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha is delivered to the Speaker or the Chairman.

2)      The motion is to be investigated by a committee of three (2 Judges of the Supreme Court and a distinguished jurist).

3)      If the committee finds the Judge guilty of misbehaviour or incapacity, the motion together with the report of the committee is taken up for consideration in the House where the motion is pending.

4)      If the motion is passed in each House by a special majority, the address is presented to the President in the same session.

5)      The Judge will be removed after the President gives his order for removal on the said address.

v  The procedure for impeachment is same for Judges of the Supreme Court and the High Courts.