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Question

Judge of the Supreme Court shall not be removed by the President except on joint House of Parliament by majority of total membership and majority of not less than two-third of members present and voting in each house on ground of proved misbehaviour or incapacity in question stated in the article :

The correct answer is

Article 124(4)

Article 124(4) of the Constitution of India provides the procedure for removal of a judge of the Supreme Court. A judge can be removed by the President only after an address by each House of Parliament, supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, on the ground of proved misbehaviour or incapacity, in the same session. Article 124(5) empowers Parliament to regulate the procedure by law, which is the Judges (Inquiry) Act, 1968. Hence, the relevant provision is Article 124(4).

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