Removal of Supreme Court Judge:
A judge of Supreme Court can be removed only from the
office by the President on the basis of a resolution passed by both the Houses of Parliament
with a majority of the total membership and a majority of not less than two-thirds of the
members present and voting in each house, on the grounds of proved misbehaviour or
incapacity of the judge in question. Hence, a democratic country like India needs a judiciary
because democratic values tend to lose their prominence without proper checks and balances.
A Supreme Court judge of the Supreme Court can be removed from his office by an
order of the President. The President can issue the removal order only after an address by
Parliament has been presented to him in the same session for such removal. The address must
be supported by a special majority of each House of Parliament (i.e., a majority of the total
membership of that House and a majority of not less than two-thirds of the members of that
House present and voting). The grounds of removal are two—proved misbehavior or
incapacity. The Judges Enquiry Act (1968) regulates the procedure relating to the removal of
a judge of the Supreme Court by the process of impeachment: No judge of the Supreme Court
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