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Q13 (NDA-I/2009) Polity & Governance › Judiciary › Judges removal and impeachment Answer Verified

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 :

Result
Your answer: —  Â·  Correct: D
Explanation

According to the Constitution of India, a judge of the Supreme Court or a High Court can be removed from office only on two specific grounds: 'proved misbehaviour' or 'incapacity' [c1, c3, t1]. Article 124(4) for Supreme Court judges and Article 217 for High Court judges mandate that the removal order is passed by the President after an address by each House of Parliament, supported by a special majority [c3, t8]. While 'Violation of the Constitution' is the specific ground for the impeachment of the President of India under Article 61, it is not a listed ground for the removal of judges [t1, t6]. The Judges (Inquiry) Act, 1968, further regulates the procedure for investigating these two specific grounds [t5, t8]. Therefore, only statements 2 and 3 are correct grounds for the impeachment of judges in the Indian judicial system.

Sources

  1. [1] Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 6: JUDICIARY > Removal of Judges > p. 128
  2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 34: High Court > TENURE, REMOVAL AND TRANSFER > p. 355
  3. [3] https://www.thehindu.com/news/national/what-is-the-procedure-for-removing-judges-explained/article68993259.ece
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SIMILAR QUESTIONS

IAS · 2019 · Q46 Relevance score: 1.99

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?

CAPF · 2014 · Q2 Relevance score: 0.19

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

CAPF · 2011 · Q69 Relevance score: -0.25

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 :

CDS-II · 2010 · Q77 Relevance score: -1.85

Which of the following statements is/are correct ?, 1. In India the constitutional remedy under Article 32 is available only in case of fundamental rights, not in the case of rights which follow from some other provision in the Constitution. . 2. Both the Supreme Court and High Courts can issue the writs of habeas corpus, mandamus prohibition, certiorari and quo warranto only for the purpose of enforcement of . fundamental rights. Select the correct answer using the code given below :

IAS · 2007 · Q64 Relevance score: -2.76

Consider the following statements: 1. The mode of removal of a Judge of a High Court in India is same as that of removal of a Judge of the Supreme Court. 2. After retirement from the office, a permanent Judge of a High Court cannot plead or act in any court or before any authority in India. Which of the statements given above is/are correct?