In India, a judge of the Supreme Court or High Court can be removed on which of the following grounds?
A) Evading tax laws
B) Non-compliance to legislatures
C) Incapacity
D) Proven misbehaviour
E) Extramarital affairs
Choose the correct answer from the given options:
Answer & explanation
Correct answer: option 3
The correct answer is Option 3- C and D
C) Incapacity
D) Proven misbehaviour
The removal of judges of the Supreme Court and the High Courts is also extremely difficult. A judge of the Supreme Court or High Court can be removed only on the ground of proven misbehaviour or incapacity. A motion containing the charges against the judge must be approved by special majority in both Houses of the Parliament. It is clear from this procedure that removal of a judge is a very difficult procedure and unless there is a general consensus among Members of the Parliament, a judge cannot be removed. It should also be noted that while in making appointments, the executive plays a crucial role; the legislature has the powers of removal. This has ensured both balance of power and independence of the judiciary. So far, only one case of removal of a judge of the Supreme Court came up for consideration before Parliament. In that case, though the motion got two-thirds majority, it did not have the support of the majority of the total strength of the House and therefore, the judge was not removed.