Question

In what conditions, the judges of the Supreme Court can be removed from their post?

Answer 1

Answer:

Due to misbehaviour and incapacity

Explanation:

The removal of a judge of the Supreme Court is processed and regulated by the Judges Inquiry Act,1968 by the process of impeachment. There are two grounds for removal misbehavior or incapacity. After that, judge of the Supreme Court can be removed from his office by an order of the President. When parliament approves with a majority of the total membership of each house in favor of impeachment and not less than two-thirds of the members of each house present.

Answer 2

The judges of the Supreme Court can be removed from their post on the ground of proved misbehavior or incapacity.

• Article 124(4) mentions those Removal regulations of the Supreme court judge as follows:

"A judge of the Supreme Court shall not be removed from his office except by an order of the President passed 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 same session for such removal on the ground of proved misbehavior or incapacity."

• Also, the procedure of removal of judges is too difficult. This is because the motion has to be passed by a majority of the total number of members of both houses of Parliament i.e. Lok Sabha and Rajya Sabha and two-thirds of the members present and voting.