The Constitution provides safeguards relating to the tenure, removal and resignation of Supreme Court judges.
These provisions are designed to balance:
A Supreme Court judge holds office until the age of:
65 years
There is no fixed term such as:
5 years or 10 years
A judge normally continues in office until:
The retirement age of a Supreme Court judge is:
65 years
Supreme Court Judge → 65 years
High Court Judge → 62 years
Prelims Memory
SC = 65
HC = 62
3. No Fixed Tenure
A Supreme Court judge does not have a fixed tenure.
The Constitution provides an:
Age-based tenure
subject to the constitutional provisions concerning resignation and removal.
4. Resignation of Supreme Court Judge
A Supreme Court judge may resign from office.
The resignation is addressed to the:
President of India
Therefore:
Supreme Court Judge
↓
Resignation
↓
President
5. Removal of Supreme Court Judge
A Supreme Court judge can be removed only through the procedure prescribed by the Constitution.
The grounds are:
Proved misbehaviour
Incapacity
The President issues the order of removal after Parliament has followed the constitutionally prescribed procedure.
6. Constitutional Basis for Removal
The removal mechanism is primarily provided under:
Article 124(4)
It establishes the constitutional requirement for removal of a Supreme Court judge.
The detailed procedure is provided by:
The Judges (Inquiry) Act, 1968
7. Grounds for Removal
A Supreme Court judge can be removed only on:
1. Proved Misbehaviour
This refers to serious misconduct established through the prescribed constitutional and statutory process.
2. Incapacity
This refers to inability to perform the functions of the judicial office.
Memory
Removal
↓
Proved Misbehaviour
OR
Incapacity
8. Role of Parliament
The President cannot remove a Supreme Court judge merely on the basis of an executive decision.
Parliament plays the central role in the removal process.
An address must be passed by:
Both Houses of Parliament
9. Special Majority
The address for removal must be passed in each House by:
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
This is known as:
Special Majority
10. Removal Procedure
The broad process is:
Removal motion initiated
↓
Inquiry under prescribed procedure
↓
Investigation of allegations
↓
Finding regarding misbehaviour/incapacity
↓
Both Houses of Parliament pass address
↓
Special Majority in each House
↓
President issues removal order
11. Role of the President
The President formally removes the judge.
However, the President does not have independent discretion to remove a Supreme Court judge.
The constitutional procedure must first be completed by:
Parliament
12. Role of Both Houses
Both Houses must independently pass the removal address.
Therefore:
Lok Sabha + Rajya Sabha
must approve the removal according to the required majority.
Failure in either House means:
Removal cannot proceed
13. No Joint Sitting
The removal address must be passed:
Separately by each House
There is no Joint Sitting for the removal of a Supreme Court judge.
Prelims Trap
"Parliament can use Joint Sitting to pass the removal motion."
False
Each House must separately satisfy the required majority.
14. Removal Majority — Exact Formula
The majority required in each House is:
Majority of total membership
+
2/3 of members present and voting
Both conditions must be satisfied.
15. Why Removal Is Difficult
The difficult removal procedure protects judges from:
Political pressure
Arbitrary dismissal
Executive interference
Frequent changes in judicial personnel
This contributes to:
Judicial independence
16. Judicial Independence and Security of Tenure
Security of tenure ensures that judges can make decisions without constantly fearing removal.
This is particularly important when courts review:
Government actions
Parliamentary legislation
Executive decisions
Constitutional amendments
17. Judicial Accountability
Security of tenure does not mean that judges are completely beyond accountability.
The Constitution provides a removal mechanism for:
Proved misbehaviour or incapacity
This creates a balance between:
Judicial Independence
+
Judicial Accountability
18. Impeachment — Important Terminology
The term "impeachment" is commonly used in public discussion to describe the removal of judges.
However, for UPSC answers, it is more precise to use:
Removal of a Supreme Court Judge
The Constitution specifically deals with:
Removal
rather than using the term impeachment for Supreme Court judges.
19. Can the President Remove a Judge Directly?
No.
The President can issue the removal order only after Parliament has passed the required address in accordance with the Constitution.
Therefore:
President alone → Cannot remove
20. Can Parliament Remove a Judge by Simple Majority?
No.
The Constitution requires the:
Special Majority
in each House.
21. Can One House Remove a Judge?
No.
Both Houses must pass the required address.
22. Can the Supreme Court Judge Be Removed by the Chief Justice of India?
No.
The Chief Justice of India has no constitutional power to remove another Supreme Court judge.
Removal follows the:
Parliamentary + Presidential constitutional procedure
23. Resignation vs Removal
Feature Resignation Removal
Initiated by Judge Parliamentary process
Addressed to President President issues order
Grounds required No Proved misbehaviour or incapacity
Parliament's role No removal vote Both Houses must pass address
Majority Not applicable Special majority
Nature Voluntary Constitutional removal
24. Death and Office
The office of a Supreme Court judge also becomes vacant upon:
Death
Therefore, the main ways a judge's tenure ends are:
Retirement at 65
Resignation
Removal
Death
25. Post-Retirement Restriction
Article 124(7) provides that a person who has held office as a permanent judge of the Supreme Court shall not:
Plead or act in any court or before any authority within the territory of India
after ceasing to hold office.
This is an important safeguard concerning:
Judicial independence and post-retirement practice
26. Important Prelims Point
A retired Supreme Court judge cannot ordinarily return to legal practice before:
Courts
Authorities
within India as an advocate.
However, former judges may undertake other constitutional, statutory or public roles where legally permitted.
27. Removal Procedure and Judicial Inquiry
The detailed statutory process for investigating allegations is governed by:
Judges (Inquiry) Act, 1968
The purpose is to establish whether allegations of:
Misbehaviour
Incapacity
are proved.
28. Parliamentary Motion
A removal motion can be initiated in Parliament according to the prescribed statutory procedure.
The Constitution itself does not require that every allegation automatically lead to a removal proceeding.
The prescribed process must be followed.
29. Importance of Special Majority
The special majority requirement prevents removal based merely on:
Ordinary political disagreement
A significant level of parliamentary support is required.
This protects:
Judicial independence
while retaining a constitutional mechanism for accountability.
30. UPSC Prelims Facts
Retirement age
→ 65 years
Resignation
→ Addressed to President
Removal grounds
→ Proved misbehaviour or incapacity
Removal order
→ President
Parliamentary role
→ Both Houses
Majority
→ Majority of total membership + 2/3 of members present and voting
Joint Sitting
→ Not permitted for judge removal
Post-retirement practice
→ Permanent Supreme Court judge cannot plead or act in courts or before authorities within India
31. UPSC Prelims Traps
Trap 1
"Supreme Court judges retire at 62 years."
False
They retire at:
65 years
Trap 2
"The President can remove a Supreme Court judge at any time."
False
Removal requires the constitutionally prescribed parliamentary procedure.
Trap 3
"A Supreme Court judge can be removed by simple majority."
False
A:
Special Majority
is required in each House.
Trap 4
"Only Lok Sabha needs to approve the removal."
False
Both:
Lok Sabha + Rajya Sabha
must pass the required address.
Trap 5
"Joint Sitting can be used if the two Houses disagree."
False
There is no Joint Sitting for removal of a Supreme Court judge.
Trap 6
"A judge can be removed for any disagreement with the government."
False
The constitutional grounds are:
Proved misbehaviour or incapacity
Trap 7
"Supreme Court judges can practise in courts after retirement."
False
Article 124(7) restricts a permanent former Supreme Court judge from pleading or acting in courts or before authorities within India.
32. Quick Revision
SUPREME COURT JUDGE
↓
Retirement → 65 years
↓
Resignation → President
↓
Removal → Proved Misbehaviour / Incapacity
REMOVAL
↓
Parliamentary Process
↓
Lok Sabha + Rajya Sabha
↓
Special Majority in Each House
↓
President
↓
Removal
SPECIAL MAJORITY
↓
Majority of Total Membership
+
2/3 Members Present and Voting
NO JOINT SITTING
↓
Each House votes separately
33. Mains Relevance
The tenure and removal provisions of Supreme Court judges are designed to balance:
Judicial Independence + Judicial Accountability
A secure tenure protects judges from political pressure, while the difficult but constitutionally available removal process provides accountability for:
Proved Misbehaviour or Incapacity
The high threshold for removal reflects the constitutional principle that judicial independence is essential for:
Rule of Law
Fundamental Rights
Judicial Review
Constitutional Supremacy
At the same time, maintaining public confidence requires judicial independence to operate alongside:
Integrity + Transparency + Accountability