EXPLAINER: HOW AN SC JUDGE MAY BE REMOVED

There are two grounds for removal of judges - proved misbehaviour or incapacity

According to Article 124 of the Constitution, a judge of the Supreme Court can be removed from his office by an order of the President. The President can issue the order after an address by the Parliament, supported by a special majority of each House (that is, a majority of the total membership of that House and a majority of not less than two-thirds of the members of that house present and voting), has been presented to the President in the same session of Parliament for such a removal.

PROCESS

A removal motion signed by 100 members (in case of Lok Sabha) or 50 members (in case of Rajya Sabha) is to be given to the Speaker/chairman.

The motion can be introduced in any House of Parliament.

The Speaker/chairman may admit or reject the motion.

If admitted, the Speaker/chairman is to constitute a three-member committee to investigate the charges. The committee should consist of the Chief Justice or a SC judge, a chief justice of a high court, and a distinguished jurist.

If the committee finds the judge guilty, the House in which the motion was introduced can take up the consideration of the motion. After the House in which the motion was introduced passes it with a special majority, it goes to the second House, which also has to pass it with a special majority. After the motion is passed by each House by special majority, an address is presented to the President for removal of the judge. President passes removal order.