Question 46
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?
AOptions
BSolution
Let's analyze each statement regarding the impeachment of a Supreme Court Judge:
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. Incorrect. The Judges (Inquiry) Act, 1968, which governs the procedure for impeachment, explicitly grants discretion to the Speaker (or Chairman of Rajya Sabha) to either admit or refuse to admit a motion for removal of a Judge. This power has been exercised in the past.
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. Incorrect. Article 124(4) of the Constitution states that a Judge can be removed only on grounds of 'proved misbehaviour or incapacity'. However, the Constitution does not define these terms or provide their specific details. Their interpretation is generally left to parliamentary practice and judicial pronouncements.
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. Correct. While Article 124(4) and (5) of the Constitution lay down the broad framework for removal, the detailed procedure, including the formation of an inquiry committee, investigation, and reporting, is elaborated in the Judges (Inquiry) Act, 1968, enacted by Parliament.
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. Correct. This describes the special majority required for the removal of a Supreme Court Judge, as stipulated by Article 124(4) of the Constitution. The motion must be passed by both Houses of Parliament with this specific majority.
Therefore, statements 3 and 4 are correct.
CStrategy
For questions on constitutional procedures, especially those related to high offices, differentiate clearly between provisions in the Constitution itself and those elaborated in specific Acts of Parliament. Pay close attention to keywords like 'defines,' 'details,' 'cannot be rejected,' and the specific majorities required for such processes.
DSyllabus Analysis
This question falls under the Indian Polity (Judiciary, Parliament, Constitutional Provisions) section of the UPSC Prelims syllabus.
EQuestion Analysis
Difficult. This question requires very precise and detailed knowledge of the constitutional provisions and statutory procedures for the impeachment of Supreme Court judges.