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The procedure for the removal of a Supreme Court Judge by an order of the President passed after an…

Article 124(4) of the Constitution of India lays down the constitutional procedure for the removal of a Judge of the Supreme Court: a Judge shall not be removed from office…

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The procedure for the removal of a Supreme Court Judge by an order of the President passed after an address by each House of Parliament is given in:

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Correct answer A

Article 124(4) of the Constitution of India lays down the constitutional procedure for the removal of a Judge of the Supreme Court: a Judge shall not be removed from office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by 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 for such removal on the ground of proved misbehaviour or incapacity. Article 124(5) empowers Parliament by law (enacted as the Judges (Inquiry) Act, 1968) to regulate the procedure for presentation of the address and investigation and proof of misbehaviour or incapacity under clause (4).

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Option A

Correct. Article 124(4) of the Constitution of India prescribes the constitutional procedure for removing a Judge of the Supreme Court: an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, presented to the President in the same session on the ground of proved misbehaviour or incapacity.

Option B

Incorrect. Article 124(5) does not itself set out the constitutional address-and-Presidential-order removal requirement; rather, it is an enabling clause empowering Parliament by law (the Judges (Inquiry) Act, 1968) to regulate the procedure for the presentation of the address and for investigation and proof of misbehaviour or incapacity under clause (4).

Option C

Incorrect. Article 125 deals with the salaries, allowances, privileges, leave, and pension of Judges of the Supreme Court, not their removal.

Option D

Incorrect. Article 126 deals with the appointment of an acting Chief Justice of India when the office of Chief Justice of India is vacant or the Chief Justice is unable to perform the duties of his office.

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