Answer By law4u team
The impeachment of a judge of the Supreme Court of India is a serious and rare process. It is outlined in Article 124(4) of the Constitution of India. The procedure for the impeachment of a judge is detailed in the Judges (Inquiry) Act, 1968. Here is an overview of the process: Process for Impeachment of a Judge of the Supreme Court: Motion: The process begins with the initiation of a motion for the removal of a judge. This motion can be introduced in either house of Parliament – the Lok Sabha (House of the People) or the Rajya Sabha (Council of States). Notice: The motion must be supported by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha. A 14-day notice period is usually required. Examination by Speaker/Chairman: After receiving the notice, the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha (as applicable) will decide whether the motion is in order. If so, the motion is admitted. Investigation Committee: Once the motion is admitted, an investigation committee is formed to inquire into the charges. The committee consists of three members – a Chief Justice or a judge of the Supreme Court, a Chief Justice of a High Court, and a distinguished jurist. Charges and Response: The investigation committee investigates the charges against the judge and gives the judge an opportunity to present a defense. Report to the Speaker/Chairman: The investigation committee submits its report to the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha. Resolution: Based on the committee's report, a resolution for the removal of the judge is presented in the house where the motion originated. Special Majority: The resolution for removal must be adopted by a special majority, which means a majority of the total membership of that house and a majority of not less than two-thirds of the members present and voting. Second House: If the resolution is adopted in the house where it was introduced, it is then sent to the other house for consideration. The second house must also adopt the resolution by a special majority. President's Assent: If both houses pass the resolution with the required majority, it is presented to the President for his assent. The President's assent is necessary for the removal of the judge. Removal: Once the President gives assent, the judge is considered removed from office. Points to Note: The entire process is time-consuming and requires careful consideration of the charges against the judge. Impeachment is a serious matter, and charges must be of a nature that affects the independence and integrity of the judiciary. Impeachment of a judge is a rare occurrence, and it underscores the importance of maintaining the independence and integrity of the judiciary. The process is designed to ensure fairness and thorough examination of charges before a judge is removed from office.
