The correct option is A special majority in both Houses of the Parliament..
Explanation
The Constitution of India ensures the security of tenure for Supreme Court judges to uphold judicial independence. Under Article 124(4), a judge can be removed from office only through a rigorous parliamentary process on the grounds of "proved misbehaviour or incapacity."Detailed Analysis:
- Constitutional Requirement: The removal of a Supreme Court judge requires an address by each House of Parliament. This motion must be passed by a special majority in both the Lok Sabha and the Rajya Sabha.
- Definition of Special Majority: In this context, a special majority means:
- A majority of the total membership of that House; AND
- A majority of not less than two-thirds of the members of that House present and voting.
- Presidential Order: The President can issue the order for removal only after the motion has been passed by both Houses in the same session.
Evaluation of Options:
- A special majority in both Houses of the Parliament. is Correct: It accurately states the requirement for a special majority in both Houses of Parliament.
- A simple majority in the Lok Sabha and the Rajya Sabha. is Incorrect: A simple majority applies to ordinary legislative bills, not the removal of high constitutional authorities like SC judges.
- The President of India after consultation with the Chief Justice. is Incorrect: The President cannot remove a judge unilaterally or merely after consultation with the Chief Justice; the parliamentary address is a prerequisite.
- A two-thirds majority of the Supreme Court Collegium. is Incorrect: The Collegium system is responsible for the appointment and transfer of judges, not their removal.
Key Takeaway:
The removal of a Supreme Court judge is a quasi-judicial process governed by the Judges Inquiry Act, 1968, and requires a special majority in both Houses of Parliament to ensure the independence of the judiciary.