How are judges of the Supreme Court appointed under the collegium system? What is the procedure for impeachment of a Supreme Court judge?

Detailed Legal Analysis

Judges of the Supreme Court of India are appointed under the collegium system, which is a process established by judicial precedents rather than explicit legislation. The impeachment of a Supreme Court judge follows a specific constitutional procedure as outlined in the Constitution of India.

Appointment of Supreme Court Judges under the Collegium System:

• The collegium system was formalized through a series of Supreme Court judgments, primarily in the cases of Supreme Court Advocates-on-Record Association v. Union of India (1993) and Second Judges Case (1998).
• The collegium consists of the Chief Justice of India and the four senior most judges of the Supreme Court.
• When appointing a judge, the Chief Justice consults with the other collegium members and proposes names based on merit, seniority, and suitability.
• Once the names are finalized, the proposal is sent to the Union Government, which can either approve or return the proposal for reconsideration.
• The Government must act on the recommendations within a specified timeframe; if the collegium reiterates its recommendation, the Government is obliged to appoint the judges.
• Appointments are made according to Article 124(2) of the Constitution, which mandates that judges of the Supreme Court are appointed by the President of India.

Procedure for Impeachment of a Supreme Court Judge:

• The process of impeachment is laid down under Article 124(4) and Article 124(5) of the Constitution.
• The impeachment process can be initiated on grounds of proven misbehavior or incapacity.
• The impeachment motion must be introduced in either House of Parliament (Lok Sabha or Rajya Sabha) and must be signed by at least 100 members in Lok Sabha or 50 members in Rajya Sabha.
• The motion must be supported by a detailed statement of the grounds for impeachment.
• Once the motion is introduced, it must be investigated by a committee that typically consists of a Chief Justice, a Supreme Court judge, and a distinguished jurist.
• If the committee finds merit in the allegations, the motion is then presented for discussion and vote, requiring a two-thirds majority in both Houses for impeachment to succeed.

This procedure ensures that the appointment and removal of judges maintain a balance between independence of the judiciary and accountability.