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Q32 (CAPF/2023) Polity & Governance › Judiciary › Judges removal and impeachment

Which one of the following statements with regard to the impeachment of a Judge of the Supreme Court of India is not correct?

Result
Your answer: —  Â·  Correct: A
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. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > TENURE AND REMOVAL > p. 287
  2. [2] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 26: Supreme Court > TENURE AND REMOVAL > p. 287
  3. [3] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 342
  4. [4] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 34: High Court > TENURE, REMOVAL AND TRANSFER > p. 355
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SIMILAR QUESTIONS

IAS · 2019 · Q46 Relevance score: 4.31

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?

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CAPF · 2011 · Q69 Relevance score: 3.26

Which of the following is/are the part/parts of the procedure for the impeachment of a Judge of the Supreme Court of India ? 1. A motion signed by atlcast 100 members of Lok Sabha or 50 members of Rajya Sabha is delivered to the Speaker or Chairman. 2. The motion is investigated by a Committee of three Jurists constituted by the Speaker or Chairman, 3. The Judge will be removed by the Speaker or Chairman if the Committee of three Jurists recommends. Select the correct answer using the code given below :