AIR 1992 SUPREME COURT 2219 ::1992 AIR SCW 2683 ::1993 (1) UJ (SC) 174 ::1992 (4) SCC 506 ::(1992) 4 SCR 108 (SC) ::1992 (7) ServLR 481 ::1992 (3) SCJ 486 ::(1992) 5 JT 1 (SC) ::1992 (5) JT 1

Supreme Court Of India

Hon'ble Judge(s): J. S. Verma, N. M. Kasliwal, K. Ramaswamy, K. Jayachandra Reddy, S. C. Agrawal , JJJ

(A) Constitution of India , Art.124(4), Art.124(5), Art.136— Supreme Court Judge - Removal of - Report of Enquiry Committee - Judicial review - Permissible only on passing of order of removal by President - Resort to judicial review between time of conclusion of inquiry by Committee and making of order of removal by President - Premature and unwarranted. Judges Inquiry Act (51 of 1968) , S.3, S.4— Judges (Inquiry) Rules (1969) , R.9— J.S. VERMA, J. (for himself and on behalf of K. Jayachandra Reddy and S.C. Agrawal JJ.) (N.M. Kasliwal, J. concurring) (Majority view) - Every Judge of the Supreme Court and the High Court on his appointment is irremovable from office during his tenure except in the manner provided in clauses (4) and (5) of Art. 124 of the Constitution of India. The law made by the Parliament under Art. 124(5), namely, the Judges (Inquiry) Act, 1968 and the Judges (Inquiry) Rules, 1969 framed thereunder, is to be read along with Art. 124(4) to find out the constitutional scheme adopted in India for the removal of a Judge of the Supreme Court or a High Court. The law so enacted under Art. 124(5) provides that any accusation made against a sitting Judge to enable initiation of the process of his removal from office has to be only by not less than the minimum number of Members of Parliament specified in the Act, all other methods bei....