Article 124(4) is a fundamental provision in the Constitution of India that establishes the rigorous procedure for the removal of a Judge of the Supreme Court. This provision originated with the Constitution itself, which came into force on January 26, 1950, and its primary purpose is to secure the independence of the judiciary by ensuring judges cannot be removed arbitrarily. The only grounds for removal are proved misbehaviour or incapacity.
The mechanism requires an order from the President following an address presented by each House of Parliament in the same session. This address must be supported by a special majority in both the Lok Sabha and the Rajya Sabha: a majority of the total membership of that House and a majority of not less than two-thirds of the members present and voting. The detailed procedure for the investigation and proof of the charges is regulated by the Judges (Inquiry) Act, 1968, which Parliament enacted under Article 124(5).
This removal process, often colloquially termed "impeachment," is connected to Article 218, which extends the same procedure to the removal of High Court Judges. The provision has remained unchanged since its enactment, and despite several motions being initiated, no judge in India has ever been successfully removed under Article 124(4).