What is the procedure to remove the judge of the Supreme Court?
Article 124 to 147 in Part V of the Indian Constitution envisages the organisation, independence, powers, jurisdiction and procedures of the Supreme Court. There are currently 23 judges (including Chief Justice of India) against a maximum possible strength of 31.The President of India appoints the judges of the Supreme Court (SC).
The judges of the Supreme Court (SC) can be removed and appointed by the order of the President of India. In this article we are explaining the complete legal procedure to remove the judge of the Supreme Court.
Let us now know that how the judge of the Supreme Court are removed?
Judges Enquiry Act (1968); regulates the procedure related to the removal of the judge of the Supreme Court by the process of impeachment.
1. A removal motion signed by 100 members (If the removal motion is initiated in the Lok Sabha) or 50 members (if the motion is initiated in the Rajya Sabha) is to be given to Speaker/Chairman.
2. Speaker/Chairman may admit the motion or may refuse to admit the same.
3. If it is admitted then the Speaker/Chairman constitutes a three member committee to investigate the allegations charged against the judge.
4. Three member committee comprises of
(1). The Chief Justice or senior most judge of Supreme Court
(2). Chief justice of the High Court and
(3). A prominent jurist
5. If the committee finds the judge guilty of misbehaviour or incapacity, committee submits its report to the house and matter taken up for discussion in the house where it had been originally introduced.
6. Irrespective of which house introduced the motion, it should be passed by both the houses of the Parliament with special majority (a majority of total membership of that house and a majority of not less than 2/3 of the members of that house present and voting )
7. The passed motion is addressed to the President for the removal of the judge.
8. Finally the President passes an order removing the judge and the judge is removed from the date of assent of the President.
It is interesting to know that till date no judge of the Supreme Court has been impeached so far. In the present scenario the Congress Party is initiating the impeachment proceedings against current Chief Justice of India (CJI) Dipak Misra. Congress is collecting signatures of Members of Parliament (MPs) of various Opposition parties.