Question Details

Consider the following statements:


1. The motion to impeach a Judge of the Supreme Court of Indian 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?

Options

A

1 and 2 only

B

3 only

C

3 and 4 only

D

1, 3 and 4

Show Answer

Correct Answer :

Option C

3 and 4 only

Solution :

The correct option is 3 and 4 only.

Let us analyze each of the given statements step-by-step to understand why this answer is correct:

Statement 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."
Analysis: Under Section 3(2) of the Judges (Inquiry) Act, 1968, the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha has the discretionary power to either admit the motion or refuse to admit it. Therefore, the Speaker can indeed reject the motion. Thus, Statement 1 is incorrect.

Statement 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."
Analysis: Although Article 124(4) of the Constitution of India mentions "proved misbehaviour or incapacity" as grounds for removal of a Supreme Court Judge, the Constitution itself does not define or detail what constitutes 'incapacity' or 'proved misbehaviour'. Thus, Statement 2 is incorrect.

Statement 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."
Analysis: While Article 124(5) of the Constitution empowers Parliament to regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of a Judge, the actual detailed procedure/process for investigation and impeachment is laid down in the Judges (Inquiry) Act, 1968. Thus, Statement 3 is correct.

Statement 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."
Analysis: According to Article 124(4) of the Constitution, a Judge of the Supreme Court can only be removed by an order of the President passed after an address by each House of Parliament supported by a special majority—that is, a majority of the total membership of that House AND by a majority of not less than two-thirds of the members of that House present and voting. Thus, Statement 4 is correct.

Conclusion: Since statements 3 and 4 are correct while statements 1 and 2 are incorrect, the correct combination is 3 and 4 only.

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