Explain the procedure for removing a judge of the Supreme Court.

The removal of a judge of the Supreme Court of India is a complex and stringent process designed to ensure the independence and impartiality of the judiciary. The procedure for removing a Supreme Court judge is outlined in Article 124(4) of the Indian Constitution and the Judges (Inquiry) Act, 1968. Here are the key steps involved:

1. Initiation of Removal Process:

   • A removal motion against a Supreme Court judge can be initiated in either house of Parliament, i.e., the Lok Sabha (House of the People) or the Rajya Sabha (Council of States).
   • The removal motion must be supported by at least 100 members of the Lok Sabha or at least 50 members of the Rajya Sabha.

2. Examination by the Speaker/Chairman:

   • Once the removal motion is initiated, it is examined by the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha, depending on which house initiated the motion.
   • The Speaker/Chairman must decide whether the removal motion is in conformity with the Constitution and the Judges (Inquiry) Act.

3. Admissibility of the Motion:

   • If the Speaker/Chairman finds the motion admissible, it is then referred to a three-member committee, which typically consists of a Supreme Court judge, a Chief Justice of a High Court, and a distinguished jurist.

4. Committee's Inquiry:

   • The committee conducts an inquiry into the allegations made in the removal motion. The judge who is the subject of the motion has the right to be represented and to present evidence and witnesses in their defense.
   • The committee submits its report, including its findings and recommendations, to the Speaker/Chairman.

5. Parliamentary Debate:

   • If the committee recommends the removal of the judge, the removal motion is placed before the Parliament for debate.
   • A two-thirds majority of the members present and voting in each house is required to pass the motion for removal.

6. Presidential Approval:

   • If both houses of Parliament pass the removal motion with the requisite majority, the motion is sent to the President of India for approval.
   • The President's approval is the final step in the removal process.

It's important to note that the removal of a Supreme Court judge is an exceptional and rare occurrence in India's constitutional history. The process is designed to protect the independence of the judiciary while allowing for accountability in cases of gross misconduct or incapacity. The stringent requirements and checks and balances in the procedure emphasize the importance of ensuring the integrity and impartiality of the judiciary.