Article 124(4) of the Constitution lays down the procedure for removal of a judge of the Supreme Court, including the CJI, who can be impeached on grounds of “misbehaviour or incapacity.” A judge can be removed only by an order of the president, based on a motion passed by both Houses of Parliament. The procedure for removal of judges is elaborated in the Judges Inquiry Act, 1968. The Act sets out the following steps for removal from office.

A removal motion signed by 100 members of the Lok Sabha or 50 members of the Rajya Sabha has to be submitted to the speaker of the Lower House or the chairman of the Upper House. The speaker/chairperson can either accept or reject the motion. If the motion is admitted, then the speaker/ chairperson forms a three-member committee comprising of  a senior judge of the Supreme Court, a judge of a high court and a distinguished jurist to probe the charges against the Chief Justice.

The panel will frame charges based on which the probe will be conducted.  A copy of the charges will be forwarded to the judge who can present a written defence.

After concluding the probe, the committee will submit its report to the speaker or chairman, who will then lay the report before the relevant House of Parliament. If the report records a finding of misbehaviour or incapacity, the motion for removal will be taken up for consideration and debated. The motion for removal is required to be adopted by each House of Parliament. Once the motion is adopted in both Houses, it is sent to the president, who will issue an order for the removal of the CJI.