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Constitution and Law: Process to remove Judge of Supreme Court

 

 

Constitution and Law: Process to remove Judge of Supreme Court in the present of speaker

1. To start the process of removal of the judge, firstly, the members of the Parliament for the removal of the removal proposal (if the proposal is brought in the Lok Sabha, by 100 members and if 50 members are brought by the Rajya Sabha) / Chairman is assigned.

2. Speaker / Chairman can accept or reject this removal proposal.

3. If this proposal is accepted then the Chairman / Chairman has to constitute a three-member committee to investigate the allegations made in the proposal.

4. These people are involved in this committee;

a Chief Justice of the Supreme Court or any senior judge

b. Chief Justice of a High Court

c. Reputed law specialist

5. The Committee, after examining the misuse of the judge or misconduct, sends its report to the House.

6. The removal proposal should be passed from the special majority of both the houses of the Parliament (i.e. the majority of the total membership of the House and two-thirds of the members present and voted to the House).

7. The proposal passed by a special majority is sent to the President.

8. Finally, the order to remove the judge after the President's signature is issued. The judge is considered deposed from the date of signing the President. 


 

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