Q68 (CISF/2020) Polity & Governance › Judiciary

Which of the following is an incorrect procedure to impeach a Judge of the Supreme Court?

A motion addressed to the President signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha is delivered to the Speaker or the Chairman.

The motion is to be taken up for investigation by a Committee comprising 2 Judges of the Supreme Court and a distinguished jurist.

The motion is put to vote irrespective of the outcome of the Committee's Report.

The motion needs to be passed by each House by majority of the total membership of that House and two-thirds of the members present and voting.

Explanation

The removal of a Supreme Court judge is governed by Article 124(4) of the Constitution and the Judges (Inquiry) Act, 1968. According to the Act, if a removal motion is admitted, the Speaker/Chairman constitutes a three-member committee consisting of a Judge of the Supreme Court, a Chief Justice of a High Court, and a distinguished jurist. Statement C is incorrect because the motion is only put to vote in the House if the committee finds the judge guilty of misbehaviour or incapacity. If the committee finds the judge not guilty, the process is terminated and no further action is taken. Statement A correctly states the requirement of 100 Lok Sabha or 50 Rajya Sabha members. Statement D correctly describes the special majority needed for the motion to pass in each House (majority of total membership and 2/3^rds of members present and voting).

SIMILAR QUESTIONS

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

A motion addressed to the President, signed by at least 100 members of both the Houses of the Parliament is delivered to the Speaker.

The motion is investigated by a Committee of three (2 Judges of the Supreme Court and a distinguished Jurist).

If the Committee finds the Judge guilty of misbehaviour or that he suffers from incapacity, the motion together with the report of the Committee is taken up for consideration in the House where the motion is pending.

The Judge will be removed after the President gives his order for removal.

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 :

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?

Statement I : Impeachment procedure is a quasi-judicial procedure and the President of India can be impeached only on the grounds of violation of the Constitution Statement I : The impeachment procedure can be initiated in either House of the Parliament

On which of the following grounds can a Judge of the Supreme Court or a High Court be impeached? 1. Violation of the Constitution 2. Proved misbehaviour 3. Incapacity Select the. correct answer using the code given below :