Removal of Judges of the Higher Judiciary

Judges of the Supreme Court and High Courts enjoy security of tenure, but may be removed by the President through a special parliamentary process. Removal is permitted only for proved misbehaviour or incapacity, ensuring both judicial independence and accountability.

Constitutional basis

Under Article 124(4), a Supreme Court judge may be removed by presidential order only after each House of Parliament presents an address for removal in the same session. Under Articles 217 and 218, this procedure also applies to High Court judges.

• The address must be supported in each House by a majority of its total membership and by at least two-thirds of members present and voting.
• Under Article 124(5), Parliament may regulate the investigation and proof of misbehaviour or incapacity by law.
• Under Article 121, Parliament cannot discuss a judge's conduct except upon a motion for presenting an address for removal.

Investigation and parliamentary procedure

The Judges (Inquiry) Act, 1968 prescribes the process preceding the parliamentary address.

• A removal motion requires the signatures of at least 100 Lok Sabha members or 50 Rajya Sabha members.
• The Speaker or Chairman may admit or refuse the motion after considering the available material.
• If admitted, a three-member committee comprising a Supreme Court judge, a Chief Justice of a High Court and a distinguished jurist investigates the charges.
• If the committee finds the judge not guilty, the process ends; a finding of guilt allows Parliament to consider the motion.
• After both Houses adopt the address with the required special majority, the President issues the removal order.

Purpose of the safeguards

The demanding threshold prevents removal through an ordinary political majority, while an independent inquiry ensures that allegations are tested before Parliament votes. The scheme therefore balances judicial independence with constitutional accountability.