Previous Year Question

Under the proviso to Article 124(2) of the Constitution, a Judge of the Supreme Court may resign office by writing under his hand addressed to the President.

Therefore, the resignation is not addressed to the Chief Justice of India, the Prime Minister or the Law Minister; it is addressed to the President of India.

Under the same Article, a Judge of the Supreme Court ordinarily holds office until the age of 65 years. Before attaining that age, the office may become vacant through resignation or through removal in accordance with the constitutionally prescribed procedure.

Resignation and Removal are distinct processes. Resignation is a voluntary act of the Judge through a written communication addressed to the President. Removal, on the other hand, is governed by Article 124(4) and can take place only on the ground of proved misbehaviour or incapacity after the prescribed parliamentary process.

For removal, the motion in each House of Parliament must be supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members present and voting. The President may thereafter issue the removal order.

A useful comparison is that a Judge of a High Court also addresses the resignation to the President, although the principal constitutional provision concerning High Court Judges is contained in Article 217.

Thus, the direct examination fact is—

Supreme Court Judge → Resignation → President