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Q46 (IAS/2019) Polity & Governance › Judiciary › Judges removal and impeachment Official Key

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?

Result
Your answer: —  ·  Correct: C
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. [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
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Q. Consider the following statements : 1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of …
At a glance
Origin: From standard books Fairness: High fairness Books / CA: 10/10 · 0/10
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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?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > TENURE AND REMOVAL > p. 287
Presence: 5/5
“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) The Judges Enquiry Act (1966) regulates the procedure relating to the removal of a judge of the Supreme Court by the process of impeachment. • A removal motion signed by 100 members (in the case of Lok Sabha) or SO members (in the case of Rajya Sabha) is to be given to the Speaker/Chairman. • The Speaker/Chairman may admit the motion or refuse to admit it. • If it is admitted, then the Speaker/Chairman is to constitute a three-member committee to investigate into the charges.”
Why this source?
  • 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.
Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 26: Supreme Court > TENURE AND REMOVAL > p. 287
Presence: 5/5
“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) The Judges Enquiry Act (1963) regulates the procedure relating to the removal of a judge of the Supreme Court by the process of impeachment. • A removal motion signed by 100 members (in the case of Lok Sabha) or SO members (in the case of Rajya Sabha) is to be given to the Speaker/Chairman. • The Speaker/ Chairman may admit the motion or refuse to admit it. • If it is admitted, then the Speaker/ Chairman is to constitute a three-member committee to investigate into the charges.”
Why this source?
  • 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.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 34: High Court > TENURE, REMOVAL AND TRANSFER > p. 355
Presence: 4/5
“The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a judge of' a high court by the process of impeachment: • 1. A removal motion signed by 100 members (in the case of Lok Sabha) or 50 members (in the case of Rajya Sabha) is to be given to the Speaker/Chairman. • 2. The Speaker/Chairman may admit the motion or refuse to admit it. • 3. If it is admitted, then the Speaker/Chairman is to constitute a three-member committee to investigate into the charges. From the above, it is clear that the procedure for the impeachment of a judge of a high court is the same as that for a judge of the Supreme Court.”
Why this source?
  • 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.
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Statement analysis

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Statement analysis

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CAPF · 2011 · Q69 Relevance score: 0.23

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 :