A notice of motion for removing a judge, if given in the Rajya Sabha, must be signed by at least:

Under the Judges (Inquiry) Act, a motion for the removal of a judge of the Supreme Court or a High Court, if initiated in the Rajya Sabha, must be signed by at least 50 members.

Comparison with the Lok Sabha:

• In the Lok Sabha, the notice must be signed by at least 100 members.
• The lower number for the Rajya Sabha reflects its smaller size.

Who receives the notice:

• In the Rajya Sabha, the notice is given to the Chairman.
• The Chairman may admit or refuse to admit the motion.
• If admitted, he constitutes a three-member inquiry committee.

Inquiry committee:

• It consists of a judge of the Supreme Court or the Chief Justice of India, the Chief Justice of a High Court, and a distinguished jurist.
• It frames charges, investigates them and gives the judge an opportunity to defend himself.
• If it finds the judge not guilty, the motion is dropped.
• If it finds him guilty, the House takes up the motion for consideration.

Passing the motion:

• Each House must pass the motion by a special majority: a majority of the total membership of the House and a majority of not less than two-thirds of the members present and voting.
• The motion must be passed in the same session by both Houses.
• The President then issues the order of removal.

The Justice Soumitra Sen case:

• In 2011, the Rajya Sabha passed a motion to remove Justice Soumitra Sen of the Calcutta High Court for misappropriation of funds received as a court-appointed receiver.
• He resigned before the Lok Sabha could take up the motion.
• This was the first time a House of Parliament passed such a motion.

Other attempts:

Motions were also moved against other judges, such as Justice P.D. Dinakaran, who resigned before the inquiry was completed.

Why not the other options?

• ✗25 members and one-third of the members are not the requirement.
• ✗100 members is the requirement in the Lok Sabha.