Question map
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 :
Explanation
The procedure for the removal of a Supreme Court judge is governed by Article 124(4) and the Judges (Inquiry) Act, 1968 [t1][t4]. Statement 1 is correct: a removal motion must be signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha and delivered to the Speaker or Chairman [c1][t3]. Statement 2 is correct: if admitted, the Speaker/Chairman constitutes a three-member committee to investigate the charges [c1][c4]. This committee consists of a Supreme Court judge, a High Court Chief Justice, and a distinguished jurist [t3]. Statement 3 is incorrect: the committee's recommendation is not final. If the committee finds the judge guilty, the motion must still be passed by each House of Parliament by a special majority (majority of total membership and two-thirds of members present and voting) [c5][t1]. Only after this address is presented to the President does the President pass the final removal order [c5][t7].
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] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > TENURE AND REMOVAL > p. 288
- [4] https://www.indiacode.nic.in/bitstream/123456789/1539/2/A1968-51.pdf