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Polity & Governance GS 2 In the news 3 times

Article 124(4)/218

Procedure for Removal of a Judge

Article 124(4) prescribes the procedure for removing a Supreme Court judge on the ground of "proved misbehaviour or incapacity" — removal requires an address by each House of Parliament, supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, followed by an order of the President. Article 218 extends the same procedure to High Court judges by applying Article 124's provisions.

Key details
  • Ground for removal: "proved misbehaviour or incapacity" — the same phrase used for both Supreme Court and High Court judges
  • Special majority required: total membership majority AND two-thirds of members present and voting, in each House separately
  • Procedural detail governed by the Judges (Inquiry) Act, 1968, which lays down the process for investigation of the allegations before Parliament votes
  • The Judges (Inquiry) Act requires a motion signed by a specified number of MPs, followed by constitution of a three-member inquiry committee (a Supreme Court/High Court judge, a High Court Chief Justice, and a distinguished jurist) to record findings before any parliamentary vote
In the news

● Tracked since August 13, 2026 · last seen September 03, 2026 · updates as the daily brief publishes

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