Manaswi Bheemapaka, Mahindra University
ABSTRACT
A motion approved by Parliament can be used to remove a judge for "proven misbehavior or incapacity. Although the term impeachment does not appear anywhere in the Constitution, it is commonly used to refer to the procedures outlined in Articles 124 for the removal of a judge from the Supreme Court and Article 218 for the removal of a judge from the High Court.
A judge can only be removed from office under the Constitution if the President issues an order based on a motion approved by both Houses of Parliament. The Judges Inquiry Act of 1968 provides additional details regarding the removal procedure for judges.However, as the detailed procedure outlined below demonstrates, it may be nearly impossible to demonstrate a judge's alleged misconduct or incompetence for removal.A judge of the Supreme Court or the High Court can be removed from office in either House of Parliament. In order to accomplish this, a notice of a motion to remove the judge must be signed by at least one hundred members if it comes from the Lok Sabha or fifty members if it comes from the Rajya Sabha.
Keywords: Rajya Sabha, Proven misbehaviour, Incapacity, Impeachment, Parliament
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