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The Judges of the Supreme Court can be Removed by

By BYJU'S Exam Prep

Updated on: November 9th, 2023

The Parliament of India can remove the Judges of the Supreme Court. The President of India shall pass the order after discussion in both houses of the Parliament supported by the majority of not less than two-thirds of the members present and voting. From Article 124 to Article 147 of the Indian Constitution, a complete description of the constitution and the Supreme Court of India’s authority is provided.

Removal of Judges of the Supreme Court

The President of India appoints the Chief Justice of India after consultation with the judges of the Supreme Court. The President of India also appoints the other judges after consulting with the Chief Justice of India and other judges of the High Court and Supreme Court as deemed necessary.

  • A Supreme Court judge (and High Court judge) may be dismissed from office by the President due to misconduct or incapacity.
  • The Supreme Court of India, the country’s highest court, is currently made up of 33 judges (including the Chief Justice).
  • There is a 34-strength limit. The Supreme Court’s judges must retire at the age of 65 per the Indian Constitution.

Supreme Court Judges Qualifications

The following are the qualifications required to be a judge of the Supreme Court:

  • Should be a citizen of India.
  • Should have been a judge of the high court for five years or
  • Should have been an advocate of the high court for ten years or
  • Should be a distinguished jurist in the view of the President of India.

Summary:

The Judges of the Supreme Court Can be Removed by

The Parliament, after the President’s order, can remove the Supreme Court judges from appointment. The President can grant a removal order only after an address by the Parliament supported by a special majority of each house of the Parliament. Although there is no minimum age for the appointment of a judge of the Supreme Court, one can hold the office up to the age of 65 years only. Moreover, a judge can be removed for misconduct and incapacity.

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