New Delhi, Jan 12: In an unprecedented move, four judges of the Supreme Court on Friday said that the administration of the top court is not in order and it is seriously challenging the institutional integrity. Besides Justice Chelameswar, Justice Madan Lokur, Justice Kurien Joseph and Justice Ranjan alleged that the cases having resounding implications were heard by the bench headed by Chief Justice Dipak Misra single-handedly. On the questions of impeachment of Justice Misra, the judges said it must be decided by the nation.
The speculations of impeachment of CJI were also doing rounds in the corridor of power. While there have been instances where the process of impeachment against judges of high courts were initiated, no judge of the apex court has bee removed from his office till date. [Also read : ‘Chief Justice First Among Equals’: Top Quotes From Supreme Court Judges’ Letter to CJI]
Process of removal of Supreme Court Judges
The Constitution of India, through Article 124 (4) empowers the parliament to initiate the process of removal of any supreme court judge. The article says the judge can only be removed from his office on the ground of proved misbehavior or incapacity. Although, it did not define proved misbehavior.
It states that a judge can only be removed if the president of India passes such order after members of both houses of Parliament, the Lok Sabha and the Rajya Sabha, approves the removal of the judge.
“A judge of Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by the majority of the total members of the House and by the majority of not less than two-thirds of the members of the House present and voting has been presented to the president in the same session for such removal on the ground of proved misbehavior or incapacity,” Article 124 (4) further states.