The country’s Judicial System has a Supreme Court at its apex. In this context discuss the following:
Term of office and removal of judges.
A judge of Supreme court, including the chief justice, remains in office until he attains the age of sixty –five years.
A judge of the Supreme Court can be removed from his office by an order of the President. The President can issue the removal order after an address by the Parliament, supported by a special majority of each House of Parliament (that is, a majority of the total membership of that House and a majority of not less than two-thirds of the members of that house present and voting), has been presented to the President in the same session of Parliament for such a removal.
The step-wise process is:
A removal motion signed by 100 members (in the case of Lok Sabha) or 50 members (in the case of Rajya Sabha) is to be given to the Speaker/Chairman. (The removal motion can be introduced in any of the two Houses of Parliament).
The Speaker/Chairman may admit and reject the motion.
If it is admitted, then the Speaker/Chairman is to constitute a three-member committee to investigate into the charges. The Committee should consist of the Chief Justice or a judge of the Supreme Court, a chief justice of a high court and a distinguished jurist.
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