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

Explanation

Statement 1 is incorrect, and Statement 3 is correct

• Under the Constitution of India, a judge can be removed only by an order of the President of India after a motion is passed by both Houses of Parliament.
• The detailed procedure for the removal of judges is laid down in the Judges Inquiry Act, 1968. According to the Act, an impeachment motion can originate in either House of Parliament. To initiate the process:
  • At least 100 members of the Lok Sabha must submit a signed notice to the Speaker of the Lok Sabha, or
  • At least 50 members of the Rajya Sabha must submit a signed notice to the Chairman of the Rajya Sabha.
  • The Speaker or Chairman may then consult relevant individuals and examine the available material before deciding whether to admit or reject the motion.

Statement 2 is incorrect

• A judge may be removed from office through a motion adopted by Parliament on grounds of ‘proven misbehaviour or incapacity’ (not defined in the constitution).

Statement 4 is correct

• The motion for removal of a judge must be passed separately by each House of Parliament of India with a special majority—namely, a majority of the total membership of the House and a majority of at least two-thirds of the members present and voting. If the motion is adopted in one House, it is then sent to the other House for consideration and adoption. Once the motion is passed by both the Lok Sabha and the Rajya Sabha with the required majority, it is forwarded to the President of India, who then issues the order for the removal of the judge.

Answer: (c) 3 and 4 only; Difficulty Level: Medium