Article 124 of CoI : Article 124: Establishment And Constitution Of The Supreme Court

Explanation using Example

Imagine a situation where a distinguished lawyer with over 10 years of experience practicing in the High Court is considered for appointment as a judge of the Supreme Court of India. The President of India, upon the recommendation of the National Judicial Appointments Commission, appoints the lawyer as a judge of the Supreme Court. The lawyer is now required to take an oath of office before assuming their duties as a judge.

Later on, suppose this judge faces allegations of misconduct. According to Article 124(5), the Parliament would need to regulate the procedure for investigating these allegations. If, after the investigation, the allegations are proven, the judge can only be removed from office by an order of the President. This order must follow an address by both Houses of Parliament, where a majority of the total membership and at least two-thirds of the members present and voting support the judge's removal.