how a judge of supreme court or high court be removed????
Answers
Removal of high court judge do not find direct place in Art. 217 of constitution of India. Under proviso (b) of Article 217, it has been laid that the procedure mentioned in article 124 would apply.
To understand removal, let us understand appointment. Appointment is made by President and in consultation with Chief Justice of India, governor of State and Chief Justice of Respective High Court. So High Court Judge is appointed by PResident under Article 217. The High court entry takes place in the union list under Entry no.78. under 11A of Concurrent list, it is also the duty of both central and state government to look into admisnitration of justice. But High Court and Supreme Court are in the exclusive domain of Central Government. Anyway government has nothing to do with the removal of judge because judiciary must be independent.
Article 124 tells that judge of supreme court and proviso (b) of Article 217 tell the manner provided therein in Article 124.
What Article 124 says is ; ( in context of high court) A judge shall not be removed by president unless 2/3 of members presenting and voting in parliament voted for removal of judge in parliament after a address with regard to removal of such judge. Such a removal must be after addressing in each house of parliament i.e lok sabha and rajya sabha. and the majority of voting must be 2/3 by adding votes of both the house of parliament.