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 Con

examrobotsa's picture

Submitted by examrobotsa on

Q: 86 (IAS/2019)
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?

question_subject: 

Polity

question_exam: 

IAS

stats: 

0,104,67,15,19,104,33

keywords: 

{'impeachment': [3, 0, 2, 2], 'lok sabha': [42, 3, 20, 27], 'supreme court': [12, 1, 4, 14], 'constitution': [39, 3, 11, 39], 'judges': [2, 0, 1, 2], 'judge': [6, 1, 14, 17], 'parliament': [15, 1, 3, 8], 'majority': [8, 3, 4, 5], 'law': [0, 0, 0, 1], 'act': [7, 1, 13, 45], 'inquiry': [0, 0, 1, 2], 'process': [16, 0, 12, 37], 'motion': [0, 0, 0, 3]}

The correct answer is option "3 and 4 only".

Let`s dissect each option.

Option 1 suggests that statement 1 & 2 are correct. However, statement 1 is inaccurate because the Speaker of Lok Sabha can indeed reject the motion to impeach a Judge under the Judges (Inquiry) Act 1968. Also, the Constitution of India does not explicitly define `incapacity and proved misbehaviour`, hence statement 2 is wrong. Thus, two statements under this option are incorrect.

Option 2 posits that only statement 3 is correct. While this is true, statement 4, which involves correctly stating the voting requirements for an impeachment motion, is also accurate, making this option partially correct.

Option 3 suggests that statements 3 & 4 are correct. This is indeed the correct answer, as Statement 3 explains accurately that the Judges (Inquiry) Act, 1968 outlines the process of impeachment and Statement 4 identifies the required backing for the motion in each House of Parliament.

Option 4 postulates that statements 1, 3 & 4 are correct. However, as already discussed, statement 1 is inaccurate. This disqualifies the entire option.