05 Mar

Question of the Day-Removal of Judges

QOTD March 2,2026

With reference to the removal of judges of the Supreme Court of India, consider the following statements:

1. A judge of the Supreme Court can be removed only on the grounds of proved misbehavior or incapacity.
2. The motion for removal can be initiated only in the Lok Sabha.
3. The President of India removes the judge after an address by Parliament supported by a special majority.
4. The procedure for removal of judges is regulated by the Judges (Inquiry) Act, 1968.

Which of the statements given above are correct?

(a) 1 and 3 only
(b) 2 and 3 only
(c) 1, 3 and 4 only
(d) 1, 2, 3 and 4

Answer: (c) 1, 3 and 4 only

Explanation:

• Statement 1-Correct
  Under Article 124(4) of the Constitution, a judge of the Supreme Court can be removed only on the grounds of proved misbehavior or incapacity. These grounds are intentionally kept narrow to safeguard judicial independence.
• Statement 2-Incorrect
  The removal motion can be introduced in either House of Parliament (Lok Sabha or Rajya Sabha). It requires the support of at least 100 members in Lok Sabha or 50 members in Rajya Sabha to be admitted.
• Statement 3-Correct
  After the inquiry process and approval by both Houses through a special majority, the motion is presented to the President, who then issues the removal order. The President acts constitutionally and cannot remove a judge independently.
• Statement 4-Correct
  The detailed procedure is governed by the Judges (Inquiry) Act, 1968, which lays down the mechanism for investigation through a three-member committee.

Why in news-

The recent controversy surrounding Justice Shekhar Kumar Yadav’s speech at an event has reignited concerns about the accountability mechanisms for India’s higher judiciary. The current system, governed by Articles 124 (4), (5), 217, and 218 of the Constitution and the Judges (Inquiry) Act, 1968, requires “proved misbehaviour or incapacity” to be established through a complex impeachment process involving both parliamentary approval and a three-member judicial committee.

News-Process to impeach members of the higher judiciary

There are more questions from this topic that you should practice to make your concepts stronger.

Practice Questions (PQ)

PQ1. Which of the following majorities is required in each House of Parliament for the removal of a Supreme Court judge?

(a) Simple majority of members present and voting
(b) Absolute majority of total membership
(c) Special majority: Majority of total membership and two-thirds of members present and voting
(d) Unanimous approval of both Houses

Answer: (c)

Explanation:

The removal of a judge requires one of the most stringent majorities in the Constitution:

• A majority of the total membership of that House 
• A two-thirds majority of members present and voting

This is known as a special majority (similar to that required for constitutional amendments in some cases).

This high threshold ensures:

• Protection of judicial independence
• Prevention of politically motivated removals
• Stability in the judiciary

Because of this stringent requirement, no Supreme Court judge has been successfully removed so far.

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PQ2. Under the Judges (Inquiry) Act, 1968, the committee constituted to investigate charges against a Supreme Court judge consists of:

1. A Supreme Court Judge
2. A Chief Justice of a High Court
3. A distinguished jurist

Select the correct answer using the code below:

(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

Answer: (d)

Explanation:

Once the motion is admitted, the Speaker/Chairman constitutes a three-member inquiry committee consisting of:

• One Judge of the Supreme Court
• One Chief Justice of a High Court
• One distinguished jurist

The committee investigates the charges and submits a report.

• If charges are not proved the motion fails.
• If charges are proved Parliament proceeds to vote.

This step ensures due process and fairness, preventing arbitrary removal.

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PQ3. Consider the following statements regarding removal of judges in India:

1. The removal procedure for High Court judges is the same as that for Supreme Court judges.
2. No judge of the Supreme Court has been successfully impeached so far.
3. The President can remove a judge even if only one House passes the removal motion.

Which of the statements given above are correct?

(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 only
(d) 1, 2 and 3

Answer: (a) 1 and 2 only

 Explanation:

• Statement 1-Correct
  The procedure for removing High Court judges (Article 217 read with Article 124(4)) is the same as that of Supreme Court judges. This ensures uniform standards of accountability.
• Statement 2-Correct
  Till date, no Supreme Court judge has been successfully removed. For example, the impeachment motion against Justice V. Ramaswami in 1993 failed in Lok Sabha as it did not secure the required majority.
• Statement 3-Incorrect
  Both Houses of Parliament must pass the motion separately with special majority. If even one House fails to pass it, the removal process ends.

 Previous Year Question (UPSC Prelims)

Consider the following statements:

1. The motion to impeach a judge of the Supreme Court of India can be moved in either House of Parliament.
2. The Constitution of India defines and gives details of what constitutes incapacity and proved misbehavior.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

 Answer: (a) 1 only

Explanation:

• Statement 1 is correct because the motion can originate in either House.
• Statement 2 is incorrect because the Constitution does not define “proved misbehavior” or “incapacity.” These terms are interpreted through parliamentary practice and judicial understanding.