- 1.
A motion for presenting an address to the President for the removal of a judge must be supported by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha.
- 2.
The Speaker/Chairman may admit the motion or refuse to admit it.
- 3.
If the motion is admitted, a 3-member committee is constituted to investigate the charges.
- 4.
The committee consists of: (a) a sitting or retired Judge of the Supreme Court, (b) a Chief Justice of a High Court, and (c) a distinguished jurist.
- 5.
If the committee finds the judge guilty of misbehavior or incapacity, the motion for removal is taken up in Parliament.
- 6.
The motion must be passed by a special majority in each House of Parliament (i.e., 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).
- 7.
If the motion is passed by both Houses, the President issues an order removing the judge.
- 8.
The Act aims to ensure a fair and impartial inquiry while safeguarding judicial independence.
- 9.
The process is quasi-judicial in nature, involving evidence gathering and examination of witnesses.
