Impeachment/Removal & Tenure – President vs. SC Judge vs. HC Judge
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| President | Supreme Court Judge | High Court Judge | |
|---|---|---|---|
| Constitutional Article | Article 61 | Article 124(4) | Article 217(1)(b) |
| Grounds for Removal | Violation of the Constitution (not defined) | Proved misbehaviour or incapacity | Proved misbehaviour or incapacity |
| Term / Tenure | 5 years | Till age 65 (no fixed term) | Till age 62 (no fixed term) |
| Resignation | To the Vice-President | To the President | To the President |
| Retirement Age | Not applicable | 65 years | 62 years (raised from 60 by 15th Amendment Act, 1963) |
| Initiation of Removal | Either House with 1/4th members' signature | Either House with 100 (LS) / 50 (RS) members' signature | Same as SC Judge |
| Notice Period | 14 days | 14 days | 14 days |
| Admitting Authority | Presiding Officer of the initiating House | Speaker/Chairman | Speaker/Chairman |
| Investigation Mechanism | Other House investigates | 3-member Inquiry Committee: – SC Judge – HC Chief Justice – Jurist | Same as SC Judge |
| Right to Defence | Yes, can appear during investigation | Not directly stated; committee process used | Same as SC Judge |
| Voting Majority in each house | 2/3rd of total membership in Each House | (i) Majority of total membership (ii) 2/3rd of members present and voting in each house | Same as SC Judge |
| Final Authority | Parliament — once both Houses pass, removal is automatic | President signs removal order after both Houses present address in the same session | President signs removal order after both Houses present address |
| Judges Inquiry Act, 1968 Involved? | ❌ No | ✅ Yes | ✅ Yes |
| Use of Term "Impeachment" | ✅ Yes | ❌ (technically “removal”) | ❌ (technically “removal”) |
| Involvement of States' MLAs | Participate in election, not in impeachment | Not involved | Not involved |
| Involvement of Nominated MPs | ✅ Participate in impeachment | ✅ Participate | ✅ Participate |
| Historical Instance | ❌ No President impeached | Justice V. Ramaswami (1993) — motion failed in LS | Justice Soumitra Sen (resigned before removal) |
UPSC Mains Insights:
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The President’s impeachment is quasi-judicial, while judges' removal is judicial in nature via committee inquiry.
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Different voting thresholds:
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President → 2/3rd of total membership
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Judges → Dual majority (total membership + 2/3rd present & voting)
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Judges Inquiry Act, 1968 applies only to judges, not the President.
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Even though the term "impeachment" is popularly used for judges, the Constitution avoids using it i.e, no explicit mention for judges except in the case of the President.
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No President or judge has been successfully removed so far; in most cases, resignation or political consensus avoided final removal.