Question map
Which one of the following statements with regard to the impeachment of a Judge of the Supreme Court of India is not correct?
Explanation
Statement 1 is incorrect because a removal motion must be signed by at least 100 members if originating in the Lok Sabha or 50 members if in the Rajya Sabha [1][2]. It is delivered to the Speaker or Chairman respectively, not exclusively to the Speaker by 100 members of 'both' houses combined [3]. Statement 2 is also technically flawed as the Judges Enquiry Act (1968) specifies the three-member committee must consist of a Supreme Court judge, a Chief Justice of a High Court, and a distinguished jurist [1][4]. However, in the context of standard UPSC-style questions, Statement 1 contains the most fundamental procedural error regarding the initiation threshold and delivery. Once the committee finds the judge guilty, the motion is considered by the House [1]. Finally, the President issues the removal order only after an address by each House is presented to him in the same session [1][2].
Sources
- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > TENURE AND REMOVAL > p. 287
- [2] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 26: Supreme Court > TENURE AND REMOVAL > p. 287
- [3] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 342
- [4] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 34: High Court > TENURE, REMOVAL AND TRANSFER > p. 355