UPSC Previous Year Question | Prelims GS | 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?

  1. 1 and 2
  2. 3 only
  3. 3 and 4 only
  4. 1, 3 and 4

Answer

Correct Answer

3 and 4 only

Explanation

The Speaker/Chairman may admit or refuse a removal motion, so statement 1 is wrong. The Constitution does not define 'incapacity and proved misbehaviour', so statement 2 is wrong. The procedure is laid down in the Judges (Inquiry) Act, 1968 and the motion needs a majority of the total membership and two-thirds of members present and voting in each House (Article 124(4)), so statements 3 and 4 are correct.

Topics: 1968, judges (inquiry) act, judiciary, polity, removal of judges