Can the President remove a Supreme Court judge?

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Answer By law4u team

No, the President of India cannot remove a Supreme Court judge solely by their own decision. The removal (or impeachment) of a Supreme Court judge in India is governed by a strict constitutional process under Article 124(4) of the Indian Constitution, and the President plays only a formal and procedural role in this process. Here is a detailed explanation: 1. Constitutional Provision – Article 124(4): A judge of the Supreme Court can be removed from office only on the grounds of: Proven misbehaviour or Incapacity The process for removal is detailed in the Judges (Inquiry) Act, 1968 and involves both Houses of Parliament. 2. Step-by-step process for removal: Step 1: Initiation of motion A removal motion must be signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha. This motion is submitted to the Speaker (Lok Sabha) or Chairman (Rajya Sabha). Step 2: Inquiry Committee If the motion is admitted, a three-member inquiry committee is formed, comprising:A Supreme Court judge A Chief Justice of a High Court A distinguished jurist This committee investigates the charges against the judge. Step 3: Report of the committee If the committee finds the judge guilty of misbehaviour or incapacity, the motion is taken up for voting in both Houses of Parliament. Step 4: Parliamentary approval The motion must be passed in both Houses by a majority of the total membership and by a two-thirds majority of members present and voting. Step 5: President’s role Once both Houses pass the motion, it is sent to the President. The President must then issue an order for the removal of the judge; the President does not have discretion to reject the recommendation. 3. President's role is formal: The President does not have the power to remove a judge independently. The removal can only happen after a rigorous and impartial process involving Parliament and an inquiry committee. Conclusion: The President of India cannot unilaterally remove a Supreme Court judge. Removal is only possible through a detailed constitutional process involving both Houses of Parliament and a judicial inquiry, ensuring checks and balances in the judiciary’s independence.

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