Background

The Constitution of India under Article 124(4) states that a Judge of Supreme Court can be removed only by the President on ground of ‘proved misbehaviour’ or ‘incapacity’ only after a motion to this effect is passed by both the Houses of Parliament by special majority.

The Constitution also requires that misbehaviour or incapacity shall be proved by an impartial Tribunal whose composition is decided under Judges Enquiry Act 1968.