GS PrelimsPolityAppointment and Removal of Judges2019

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?

A

1 and 2

B

3 only

C

3 and 4 only

D

1, 3 and 4

Correct Answer: Option C

Explanation

1. Statement 1 is incorrect. The Judges (Inquiry) Act, 1968 grants the Speaker of the Lok Sabha (or the Chairman of the Rajya Sabha) the discretion to admit or refuse to admit a motion for impeachment after consulting relevant persons and considering the material evidence. 2. Statement 2 is incorrect. The Constitution of India (Article 124(4)) states that a Judge of the Supreme Court can be removed on grounds of 'proved misbehaviour' or 'incapacity', but it does not define or provide specific details of what constitutes these terms. 3. Statement 3 is correct. The details of the process of impeachment (investigation and proof of misbehaviour or incapacity) are laid down in the Judges (Inquiry) Act, 1968, enacted by Parliament under Article 124(5) of the Constitution. 4. Statement 4 is correct. As per Article 124(4) of the Constitution, if a motion for the removal of a Judge is passed, it must be supported by a special majority in each House of Parliament: 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. 5. Therefore, only statements 3 and 4 are correct.

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