The judge of supreme court can be removed from office on the grounds of. The senate acts as the jury. Currently article 1244 and 5 talk about the removal procedure of the judges of supreme court. While the constitution does not use the word impeachment it is colloquially used to refer to the proceedings under article 124 for the removal of a supreme court judge and article 218 for the removal of a high court judge.
The law declared by the supreme court is binding on all courts throughout india. Supreme courts power to issue writs is narrower that that of high courts 2. The chief justice of the supreme court presides over the proceedings in the case of presidential impeachment.
A judge can be removed on the ground of proved misbehavior or incapacity. The process of impeachment is described in article 124 4 of the constitution and the judges inquiry act 1968. Impeaching a judge state judges can be impeached and removed from office by their state legislatures.
A judge of the supreme court and also high court can be removed from his position by president only on the ground of proved misbehaviour or incapacity. If the impeached official is convicted in the senate then. Article 124 4 says 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 incapacity.
The power for investigation and proof of such misbehaviour or incapacity is vested in the parliament. Consider the following. The only justice to be impeached was back in 1805 when associate justice samuel.