5 Nov 2025, Wed

The cases of judges have been in discussion for some time. Sometimes Justice Yashwant Verma makes the headlines for the bundle of notes found in the house, sometimes a criminal openly threatens a judge. In such a situation, if a criminal case has come up against a judge, then action is also taken against him, then that judge is from the High Court or of the Supreme Court. According to the constitution against the judges, a process is run to remove them. But how all this happens, who has the right to do so. Let’s know about this.

Can not remove arbitrary

The judiciary is an essential institution of democracy of the country, in such a situation, provisions have been given clearly in the Constitution regarding its fair and independent operations. Whether the judges whether of the Supreme Court or the High Court, their tenure cannot be lifetime, but they have not been removed from the post arbitrarily. The process of removing a judge from the post is called IMPEachment Process, which is a very complex process.

What is the provision to remove judges in the constitution

Article 124 (4) of the Constitution talks about removing the judges of the Supreme Court. According to the constitution, the judge can be removed for only two reasons, one is on the basis of disqualification, in which a judge is involved in corruption or is misusing his position or makes a serious moral mistake. At the same time, the second reason is the disability, in which the judge is not able to work physically or mentally.

What is the removal process

The process of removing judges consists of several steps after another, which involves the proposal in Parliament. If a judge is to be removed, then an impeachment motion is passed in Parliament. To present this proposal in the Lok Sabha, the signature of 100 MPs and at least 50 MPs is required to present it in Rajya Sabha. After this, an inquiry committee is formed. After getting the proposal, the Speaker of the Lok Sabha or the Chairman of Rajya Sabha constitute a three -member committee. It consists of senior judges of the Supreme Court, a Chief Justice of the High Court and a reputed jurist.

Last seal of president

This committee investigates and then submitting the report and suggests whether the judges are guilty or not. After this, there is a process of voting in Parliament. If the committee found that the judge is guilty, then this proposal has to be passed in both houses of Parliament. It should be passed by a special majority. That is, more than 50% of the Parliament and at least two -thirds of the members present will have to vote in its favor. If it passes through Parliament, then it is sent to the President. The judge can be removed after the President’s approval.

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