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 and 2

3 only

3 and 4 only

1, 3 and 4

APEDIA

UPSC Prelims

2019 • 02 Jun, 2019 • Paper-1

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?

Correct Answer

3 and 4 only

Statement 1 Analysis: Incorrect. Under the Judges (Inquiry) Act, 1968, the Speaker (in Lok Sabha) or Chairman (in Rajya Sabha) has the discretionary power to ei......

💡 Analysis & Explanation

Statement 1 Analysis ▼

Incorrect. Under the Judges (Inquiry) Act, 1968, the Speaker (in Lok Sabha) or Chairman (in Rajya Sabha) has the discretionary power to either admit or reject the motion for removal of a judge.

Statement 2 Analysis ▼

Incorrect. While Article 124(4) mentions that a judge can be removed on the ground of 'proved misbehaviour or incapacity', the Constitution does *not* explicitly define or give details of what these terms actually constitute.

Statement 3 Analysis ▼

Correct. The intricate procedural details for the investigation and proof of misbehaviour or incapacity of a Judge are indeed codified in the Judges (Inquiry) Act, 1968.

Statement 4 Analysis ▼

Correct. Article 124(4) mandates that the removal address must be supported by a special majority in both Houses (a majority of the total membership and not less than two-thirds of the members present and voting).

Conclusion ▼

Statements 3 and 4 accurately describe the impeachment provisions.

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