Appointment of Judges to higher Judiciary

Appointment of HC/SC Judges in India:

A Judge of the Supreme Court shall be appointed by the President by the warrant under his hand and seal after consultation with which such Judges of the Supreme Court and of the High Court in the State as the President may deem necessary for the purpose and shall hold office until he attains the age of 65 years. (Article 124 of the Constitution). (Now a new law is proposed).

Similarly, a Judge of the High Court shall be appointed by the President by the warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and in case of an appointment of the Judge other than the Chief Justice, the Chief Justice of the High Court and shall hold office except in the case of an additional judge till he attains the age of 62 years. (Article 217 of the Constitution).

The only mode of removal of a Judge from his office, by impeachment, on the ground on the ground of proved misbehaviour or incapacity is laid down in Article 124 (4) and (5) of the Constitution. The Judges (Inquiry) Act, 1968 has been enacted by Parliament to regulate the procedure for the investigation and proof of the misbehaviour or incapacity of a Judge of the Supreme Court under Article 124.

In United States’ Constitution:

Under Article II, Sec.4 of US Constitution, the President, VicePresident and all civil officers of the United States can be removed from the office on impeachment for, and conviction of, 'Treason, Bribery or other high Crimes and misdemeanours.'

Since President of US who is the, highest executive authority of the State, an impeachment has been provided for an in fact, President Johnson was impeached in 1867 for high crimes and misdeaeanours.

In 1917, Justice Archibald of the Commerce Court was removed from office by impeachment for soliciting for himself and others, favours from railroad companies.

In England:

In England, offices held during good behaviour may in the event of misconduct be determined by impeachment. In practice, an address to the Crown for the removal of a judge must originate in the House of Commons. The procedure is judicial and the judge is entitled to be heard. (There is no instance of the removal of judge by this method.)

(A person holding his office ‘during his good behaviour’ instead of 'at pleasure.')