A judge of the Supreme Court can be removed from office only on the grounds of:
- Proven Misbehavior or Incapacity:
- The Constitution uses the term “misbehavior” to cover a range of serious misconduct. It includes not only improper behavior but also any violation of the code of conduct or any act that brings disrepute to the judiciary.
- Incapacity refers to a judge’s inability to perform the duties of the office due to physical or mental reasons.
- Proven Misbehavior Before Assuming Office:
- If a judge is found to have engaged in misbehavior or to be suffering from an incapacity even before assuming office, it can be a ground for removal.
Removal Procedure:
1. Initiation of the Process:
- The process for the removal of a Supreme Court judge can be initiated in either House of Parliament (Lok Sabha or Rajya Sabha).
2. Resolution for Removal:
- A removal motion must be passed by each House of Parliament by a special majority. A special majority involves a majority of the total membership of that House and a majority of not less than two-thirds of the members present and voting.
3. Investigation Committee:
- After the resolution is passed, an investigation committee is formed. The committee consists of three members: the Chief Justice of India, a judge of the Supreme Court, and a distinguished jurist.
4. Report of the Committee:
- The investigation committee conducts an inquiry into the charges against the judge and submits its report to the President of India.
5. Decision by Parliament:
- Based on the inquiry committee’s report, if Parliament, by a special majority in both Houses, agrees to the removal, the President can issue an order for the removal of the judge.
Key Points:
- The removal process is a complex one, involving multiple steps and requiring a high threshold of evidence.
- It is a safeguard to protect judges from arbitrary removal and ensure that only cases of serious misconduct or incapacity are considered.
- The process is time-consuming and deliberate, emphasizing the importance of judicial independence.
Significance of Independence:
The Constitution ensures the independence of the judiciary by establishing a stringent removal process. This independence is crucial for judges to make decisions based on the law and justice without fear of retribution. The removal process, therefore, balances the need for accountability with the imperative of safeguarding the judiciary’s autonomy.
