Q: Discuss about the impeachment process of Judges of Supreme Court?

Ans: The impeachment process of Judges of Supreme Court is mentioned in article 124(4) of Indian Constitution. 

1. A Judge can be removed by the order of President only.

2. On the grounds of proved misbehaviour or incapacity.

3. It is will addressed to both the houses of parliament.

4. The complete process of removal of Supreme Court Judge is given in Judges inquiry act, 1968.

5. The motion of impeaching Supreme Court Judge can be originated in any house i.e., either Rajya Sabha or Lok Sabha.

6. If the motion is raised in Loksabha , atleast 100 members will have to furnish the signed notice to the speaker whereas if it is raised in Rajyasabha, atleast 50 members will have to give the signed notice to speaker.

7. If this motion is admitted,  the speaker or chairman will constitute three members committee for investigation. The three members committee would comprise of a Supreme Court Judge , Chief Justice of High Court and a distinguished Jurist.

8. The charges will be framed and the copy of that charges will be provided to the accused Judge so that the accused Judge can prepare the defence.

9. The copy of that will be provided to majority of total member of the house and not less than 2/3 rd of the total members present and voting.

Chief Justice of India: There is a tradition of Supreme Court that only the senior most judge will be the Chief Justice of India.

But this tradition was violated two times in history.  
At the time of Smt. Indira Gandhi Government,  Justice  A. N. Ray was appointed the Chief Justice of India in 1973 and Justice M. H. Beg was appointed the Chief Justice of India in 1977.

So to avoid this unfair practice,  the Judgement was passed in 1993 in Supreme Court Advocates on Record V. Union of India in which it was said that only the senior most judge of Supreme Court will be appointed as Chief Justice of India.



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