Question

What procedure has been laid down for the removal of a judge of the supreme court

Answer 1

Hi there!
Here's the answer:

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¶¶¶ Procedure for Removal:
Article 124(4) and the Judges Inquiry Act 1968 determine the procedure of removal of the judges:

(i) A motion of impeachment addressed to the President is to be signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha and then delivered to the Speaker of Lok Sabha or the Chairman of Rajya Sabha.

(ii) The motion is to be investigated by a Committee of 3 judges of the Supreme Court and a distinguished jurist

(iii) If the Committee finds the judge guilty of misbehavior or that he suffers from incapacity, the motion along with the report of the committee is taken up for consideration in the House where motion was moved

(iv) The judge is then removed by the requisite majority, i.e. majority of total and 2/3 of its members present and voting.

-The procedure of impeachment was adopted against R. Ramaswamy in 1991- 93.
-The judge was found guilty by the Committee in the Lok Sabha.
-The Congress abstained from voting and the motion could not be passed by the requisite majority.


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Hope it helps

Answer 2

A judge of the Supreme court can be removed by a Joint address by both the houses. Such an address has to be supported by a majority of the membership of that house and not less than two-third of the members present and voting.