Supreme Court : Tenure and Removal (2)

Tenure of Judges

1. Age Limit: A judge serves until they reach the age of 65 years. Questions regarding a judge's age are determined as per parliamentary provisions.

2. Resignation: A judge can resign by writing to the president.

3. Removal: A judge can be removed by the president based on a recommendation from Parliament.

Removal of Judges

• Presidential Order: The president can remove a judge only after Parliament presents an address for the judge's removal during the same session.

• Parliamentary Approval: The address must be supported by a special majority in both Houses of Parliament.

• Grounds for Removal: Judges can be removed for proved misbehavior or incapacity.

Removal Procedure

1. Motion Submission: A removal motion signed by 100 members (Lok Sabha) or 50 members (Rajya Sabha) must be submitted to the Speaker/Chairman.

2. Admittance: The Speaker/Chairman can admit or reject the motion.

3. Committee Investigation: If admitted, a three-member committee is formed to investigate the charges.

4. Committee Composition: The committee includes a Supreme Court judge or the chief justice, a high court chief justice, and a distinguished jurist.

5. Committee Findings: If the committee finds the judge guilty or incapacitated, the House considers the motion.

6. Parliamentary Vote: If both Houses pass the motion by a special majority, an address is sent to the president to remove the judge.

7. Presidential Removal: The president removes the judge by passing an order.

• Historical Context: No Supreme Court judge has been impeached. The only case was that of Justice V. Ramaswami (1991–1993), who was found guilty but not removed as the impeachment motion was defeated in the Lok Sabha due to Congress Party abstaining from voting.