Indian Polity • JudiciaryHard
What is the procedure for the removal of a Supreme Court judge, as outlined in Article 124(4) and the Judges Inquiry Act, 1968?
A. Executive order by the President based on cabinet advice
B. An address by both Houses of Parliament supported by a special majority and proved misbehavior or incapacity✓ Correct Answer
C. Resolution passed unanimously by the Supreme Court collegium
D. Recommendation by the Prime Minister approved by the Governor
💡 Solution & Explanation
Article 124(4) along with the Judges Inquiry Act prescribes that a Supreme Court judge can be removed only by an address passed by both Houses of Parliament with a special majority on grounds of proved misbehavior or incapacity. The executive cannot unilaterally dismiss a higher judiciary judge without completing this rigorous parliamentary investigation procedure. This constitutional safeguard ensures the absolute independence of the Indian judiciary from political interference.
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