Question

Which of the following are the grounds for the removal of a judge of a High Court or the Supreme Court?

• A. Proved incapacity and lack of qualifications
• B. Proved misbehaviour and administrative errors
• C. Proved misbehaviour and criminal conviction
• D. Proved misbehaviour and incapacity

Answer 1

Answer:

D. Proved misbehaviour and incapacity

A judge of the Supreme Court can be removed only on the grounds of proven misbehaviour or incapacity. An order of the President must be passed after an address in each House of Parliament, supported by a majority of the members present and voting and by a majority of not less than two-thirds of those present and voting, and presented to the President in the same Session for such removal on the ground of such proven misbehavior or incapacity. Otherwise, a judge of the Supreme Court cannot be removed from office. The practice of law in any court or before any other body in India is prohibited for anyone who has served as a judge of the Supreme Court.