Judiciary — UPSC Mains Model Answer

Under Article 124(4), a judge can be removed only on grounds of proven misbehaviour or incapacity. The address must be passed by a special majority — a majority of the total membership of each House and not less than two-thirds of members present and voting — in the same session, ensuring broad parliamentary consensus before any removal.

The Judges (Inquiry) Act provides that once a notice of motion is admitted, the Speaker or Chairman constitutes a three-member Inquiry Committee comprising a sitting Supreme Court judge, a Chief Justice of a High Court, and a distinguished jurist. The President acts on the address only after this process is complete, insulating the judiciary from politically motivated removal attempts.

No Supreme Court judge has ever been successfully removed through impeachment in India's constitutional history. The most notable attempt — the motion against Justice V. Ramaswami in 1993 — failed in the Lok Sabha despite the Inquiry Committee finding misconduct, as the ruling party abstained, demonstrating how political dynamics can complicate the process.

The high procedural bar reflects a deliberate constitutional design: protecting judicial independence from executive and legislative overreach while retaining democratic accountability. However, critics argue this makes removal practically impossible, weakening accountability for judicial misconduct.