Indian Polity : Supreme Court Of India

Q 7 / 21

UPSC CSE Prelims 2019

Consider the following statements :
  1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968.
  2. The Constitution of India defines and gives details of what constitutes 'incapacity and proved misbehaviour' of the Judges of the Supreme Court of India.
  3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968.
  4. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of total membership of that House and by not less than two-thirds of total members of that House present and voting.
Which of the statements given above is/are correct?

EXPLANATION

Correct Option (c)

Explanation

Statement 3 is correct. The Judges (Inquiry) Act, 1968, lays down the detailed procedure for the investigation and removal of a judge of the Supreme Court or a High Court. This Act outlines the process, including the formation of a three-member committee to investigate the allegations of misbehaviour or incapacity.

Statement 4 is correct. Article 124(4) of the Constitution specifies the procedure for the removal of a judge. A resolution for removal must be passed by each House of Parliament, supported by:

  • A majority of the total membership of that House.
  • A majority of not less than two-thirds of the members of that House present and voting.

Incorrect Options

Statement 1 is incorrect. The Speaker of the Lok Sabha or the Chairman of the Rajya Sabha possesses the discretionary power to either admit or reject a motion for the removal of a Supreme Court judge. The Judges (Inquiry) Act, 1968, does not mandate the automatic admission of such a motion.

Statement 2 is incorrect. While Article 124(4) of the Constitution mentions 'incapacity' or 'proved misbehaviour' as grounds for the removal of a Supreme Court judge, the Constitution does not define these terms. Their interpretation is generally derived from parliamentary practice and judicial pronouncements.

Option (a) is incorrect because both statements 1 and 2 are incorrect.

Option (b) is incorrect because statement 4 is also correct, in addition to statement 3.

Option (d) is incorrect because statement 1 is incorrect.

SOURCEIndian Polity by M. Laxmikanth, Chapter 26: Supreme Court