IMPEACHMENT OF JUDGE

The Indian Constitution enshrines the doctrine of separation of powers and emphasizes the independence of the judiciary. However, to preserve the sanctity of the judicial institution and maintain public confidence, even judges of the Supreme Court are not above scrutiny and accountability. The procedure for the impeachment of a Supreme Court judge is laid down under Article 124(4) of the Constitution. Constitutional Provision: Article 124(4) “A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after 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 the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.” This provision ensures that the ...