Examine the constitutional provisions governing the removal of a Supreme Court judge under Article 124(4): 1. A judge can be removed by the President only after an address by each House of Parliament supported by a special majority of total membership and two-thirds of members present and voting. 2. The grounds for removal are proved misbehavior or incapacity. 3. The procedure for investigation and proof of misbehavior is regulated by a central parliamentary statute called the Judges Inquiry Act, 1968. Which of the statements given above are correct?

💡 Solution & Explanation

Article 124(4) prescribes that a judge can be removed via an address presented by both houses of Parliament requiring a special majority based on proved misbehavior or incapacity. The Judges Inquiry Act, 1968 establishes the statutory mechanism for investigating allegations against judges through a high-level judicial committee. No Supreme Court or High Court judge has ever been successfully removed through impeachment in India despite motions being initiated historically. The executive cannot remove a judge without parliamentary backing.