Prelims 2019 · Polity and Constitution · Question 86
Consider the following statements:<br/>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.<br/>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.<br/>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.<br/>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.<br/><br/>Which of the statements given above is/are correct?
Answer
3 and 4 only
1. Incorrect. Under the Judges (Inquiry) Act, 1968, the Speaker of Lok Sabha or Chairman of Rajya Sabha may admit or refuse to admit a motion for removal. So the motion can be rejected.
2. Incorrect. The Constitution uses the grounds "proved misbehaviour or incapacity" in Article 124(4), but it does not define these expressions in detail.
3. Correct. The procedure/details regarding investigation and removal of Supreme Court judges are provided in the Judges (Inquiry) Act, 1968.
4. Correct. Article 124(4) requires the motion to be passed by each House separately, supported by a majority of the total membership of that House and by not less than two-thirds of the members of that House present and voting. This matches the statement in substance.
Hence, statements 3 and 4 are correct.