A judge of the Supreme Court or High Court can be removed only on the ground of proven misbehaviour or incapacity.
Question
A judge of the Supreme Court or High Court can be removed only on the ground of proven misbehaviour or incapacity.
Solution
Yes, you are correct. A judge of the Supreme Court or High Court in India can only be removed on the grounds of proven misbehaviour or incapacity. This process is outlined in Article 124(4) of the Indian Constitution.
Here are the steps involved in this process:
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The process is initiated by either of the two Houses of Parliament passing a resolution in its favour by a special majority of two-thirds of the members present and voting, and majority of total membership of the House.
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The resolution must contain that the judge ought to be removed on the grounds of 'proven misbehaviour or incapacity'.
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The resolution is then considered by the other House. If the other House also approves the resolution by the same majority, then the resolution is sent to the President of India.
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The President, after consultation, passes an order for the removal of the judge.
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Only then, the judge is removed from his position.
This process ensures the independence of the judiciary, as it is not easy to remove a judge from his position.
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