Question map
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?
Explanation
The correct answer is option C (statements 3 and 4 only).
**Statement 1 is incorrect:** The Speaker/Chairman may admit the motion or refuse to admit it.[2] This clearly shows that the Speaker has the discretionary power to reject a removal motion under the Judges (Inquiry) Act, 1968.
**Statement 2 is incorrect:** The only grounds upon which such removal may take place are: (1) "proved misbehaviour" and (2) "incapacity". In Article 124(4) of the Constitution, "misbehaviour" means wrong conduct or improper conduct.[3] While the Constitution mentions these grounds, it does not provide detailed definitions of what constitutes incapacity and proved misbehaviour.
**Statement 3 is correct:** The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a judge of the Supreme Court by the process of impeachment.[1] The Act provides the detailed procedural framework for the impeachment process.
**Statement 4 is correct:** The address must be supported by a special majority of each House of Parliament (ie, a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting)[1], which accurately describes the voting requirement for removal.
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
PROVENANCE & STUDY PATTERN
Full viewThis is a classic 'Laxmikanth Line-by-Line' verification question. It tests the specific boundary between what is written in the Constitution (Article 124) versus what is delegated to Parliament (Judges Inquiry Act, 1968). The question specifically targets the 'Definition Trap' and the 'Speaker's Discretion'—two favorite areas for the examiner to plant falsehoods.
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: Under the Judges (Inquiry) Act, 1968, does the Speaker of the Lok Sabha have authority to reject or refuse to admit a motion to impeach a Judge of the Supreme Court of India?
- Statement 2: Does the Constitution of India itself define or give detailed definitions of "incapacity" and "proved misbehaviour" for removal of Judges of the Supreme Court of India?
- Statement 3: Does the Judges (Inquiry) Act, 1968 set out the detailed procedure for inquiry and impeachment/removal of Judges of the Supreme Court of India?
- Statement 4: For removal of a Supreme Court Judge in India, does the Constitution require each House of Parliament to pass the motion by a majority of the total membership of that House and by not less than two-thirds of the members of that House present and voting?
- Specifically addresses removal procedure for Supreme Court judges under the Judges Enquiry Act.
- Explicitly indicates a removal motion is to be given to the Speaker/Chairman and that the Speaker/Chairman may admit or refuse to admit it.
- Repeats the procedure for Supreme Court impeachment under the Judges Enquiry Act.
- Affirms the Speaker/Chairman has the option to admit or refuse a removal motion.
- Describes the same admission/refusal role for Speaker/Chairman in the context of High Court judges.
- Notes that the High Court procedure is the same as for the Supreme Court, linking the Speaker's role to Supreme Court impeachments as well.
- Quotes Article 124(4) as prescribing 'proved misbehaviour' and 'incapacity' as the grounds for removal.
- The excerpt lists the grounds but does not supply any definitional text for those terms within the quoted Article.
- Legal commentator provides an interpretation of 'misbehaviour' as 'wrong or improper conduct', indicating the meaning is supplied by commentary.
- By offering an explanatory gloss, the author implies the constitutional text itself does not contain a detailed statutory definition in the excerpt.
- Shows that the Constitution does give a concrete definition of 'misbehaviour' in another context (UPSC members).
- The contrast implies that where the Constitution intends detail it provides it—supporting the conclusion that for judges the detailed definitional text is not present in the cited Article.
- Directly links Article 124(4) with the Judges (Inquiry) Act, 1968 and says the combined effect prescribes the procedure for removal.
- Explicitly frames that the procedure to be observed for removal of a judge follows from this Act.
- States that the Judges Enquiry/Inquiry Act regulates the procedure for removal of a Supreme Court judge by impeachment.
- Enumerates procedural steps (motion signed by members, Speaker/Chairman admission, constitution of a three-member committee).
- Describes the subsequent procedural sequence after inquiry: committee finding, House consideration, passage by special majority, address to the President, and presidential order of removal.
- Provides concrete steps that form the detailed removal process beyond the inquiry stage.
- Explicitly defines the required 'special majority' as a majority of the total membership and not less than two-thirds of members present and voting.
- Links that defined special majority to the address for removal of a judge (procedure for removal).
- Lists removal of Supreme Court judges under 'Special Majority-I', which is defined as majority of total membership plus two-thirds of members present and voting.
- Places removal of judges alongside other constitutional actions requiring the same special majority, confirming its constitutional character.
- Describes that the motion must be passed by each House 'by special majority' before presentation to the President for removal.
- Provides procedural context linking the special-majority requirement to actual impeachment attempts.
- [THE VERDICT]: Absolute Sitter. Direct lift from Laxmikanth Chapter 26 (Supreme Court) or D.D. Basu. If you missed this, your static polity revision is flawed.
- [THE CONCEPTUAL TRIGGER]: Removal of Constitutional Authorities. Specifically, the procedural nuances that differentiate the removal of a Judge from the impeachment of the President.
- [THE HORIZONTAL EXPANSION]: Memorize the 3-member Inquiry Committee composition (CJI/SC Judge + HC Chief Justice + Distinguished Jurist). Note the signatory requirement: 100 members (Lok Sabha) or 50 members (Rajya Sabha). Recall the only case: Justice V. Ramaswami (1991-93) where the motion fell in LS.
- [THE STRATEGIC METACOGNITION]: Do not just read 'Impeachment'. Break it into a flowchart: Initiation (Signatures) → Admission (Speaker's Discretion) → Investigation (Committee) → Voting (Special Majority). The examiner creates questions by swapping authorities at these specific nodes.
The Speaker/Chairman is explicitly empowered to admit or refuse a removal motion under the Judges Enquiry Act.
High-yield for questions on parliamentary procedure and impeachment; links constitutional provisions on judicial removal to parliamentary roles. Mastering this clarifies who controls the first procedural gateway in impeachment and enables answering fact-based and situational questions about removal of judges.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > TENURE AND REMOVAL > p. 287
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 26: Supreme Court > TENURE AND REMOVAL > p. 287
The Act prescribes signatures threshold, submission to Speaker/Chairman, constitution of inquiry committee, and subsequent House consideration.
Essential for questions on judicial accountability and constitutional mechanisms; connects to topics on separation of powers, checks and balances, and parliamentary majorities required for removal. Knowing the sequence helps tackle ethical, procedural and current-affairs linked UPSC questions.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > TENURE AND REMOVAL > p. 287
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 26: Supreme Court > TENURE AND REMOVAL > p. 288
Impeachment steps for High Court judges are stated to be the same as for Supreme Court judges.
Clarifies that procedural rules apply across judicial tiers, useful for comparative questions about judicial removal and for explaining consistency in constitutional safeguards. Helps answer questions asking to compare or contrast removal processes across courts.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 34: High Court > TENURE, REMOVAL AND TRANSFER > p. 355
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > TENURE AND REMOVAL > p. 287
Lists 'proved misbehaviour' and 'incapacity' as the constitutional grounds for removing Supreme Court judges.
High-yield for judiciary and constitutional law questions: knowing the exact constitutional grounds is essential for questions on judicial independence, impeachment procedure and removal mechanics; links to topics on Articles governing the higher judiciary and comparative removal provisions.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > CHAP.ti] THE SUPREME COURT 343 > p. 343
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 34: High Court > TENURE, REMOVAL AND TRANSFER > p. 355
Commentators supply an interpretive definition of 'misbehaviour' (e.g., 'wrong or improper conduct') where the constitutional text excerpt does not give detail.
Important to distinguish primary constitutional text from secondary legal commentary; helps answer whether a term is textually defined or interpreted by jurists—useful in doctrinal analysis and essay/ethics questions.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 342
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > CHAP.ti] THE SUPREME COURT 343 > p. 343
The Constitution contains a precise definition of 'misbehaviour' for UPSC members, demonstrating that detailed definitions appear for some offices but not (in the cited Article) for judges.
Helps in comparative questions about uniformity of constitutional drafting across offices; useful for questions on how different constitutional bodies are regulated and where to look for operative definitions.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 44: Union Public Service Commission > REMOVAL > p. 424
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > CHAP.ti] THE SUPREME COURT 343 > p. 343
This Act provides the statutory framework that, together with Article 124(4), prescribes the procedure for inquiry and removal of Supreme Court judges.
High-yield for UPSC: links a constitutional provision with its implementing statute, essential for answers on judicial independence, impeachment mechanics and constitutional safeguards; enables clear, stepwise exposition of how a judge may be removed.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 342
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > TENURE AND REMOVAL > p. 287
The Constitution DOES define 'misbehaviour' for UPSC Members (Article 317) but NOT for Supreme Court Judges. A future question will likely swap these: 'The Constitution defines misbehaviour for Judges but not for UPSC members.'
Apply the 'Presiding Officer's Authority' heuristic: In Indian Parliamentary procedure, the Speaker/Chairman almost always has the power to accept or reject motions to prevent frivolous disruptions. Statement 1 claims the Speaker 'cannot reject'—this strips the Chair of inherent power, which is logically inconsistent with parliamentary functioning.
Links to GS-2 (Judicial Accountability vs. Independence). This rigid removal process is often cited in the NJAC/MoP debates as a reason why judicial accountability is difficult to enforce, leading to the 'Uncle Judges' syndrome arguments.