UPSC Prelims 2019 Question:

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?

Explanation:  

• The proceedings for removal of judges are mentioned under Article 124 (for the removal of a Supreme Court judge) and Article 218 (for the removal of a High Court judge). The procedure for removal of judges is elaborated in the Judges Inquiry Act, 1968. So, statement 3 is correct.
  
  
• A judge may be removed from office through a motion adopted by Parliament on grounds of ‘proved misbehaviour or incapacity’. However, the Constitution of India doesn’t define the term ‘incapacity and proved misbehaviour’. So, statement 2 is not correct.
  
  
• Under the Judges Inquiry Act, an impeachment motion may originate in either House of Parliament. The Speaker or Chairman may decide to either admit the motion or refuse to admit it. This is the discretionary power of the Speaker or the Chairman regarding admission of the motion. So, statement 1 is not correct.
  
  
• The motion for removal is required to be adopted by each House of Parliament by: (i) a majority of the total membership of that House; and (ii) a majority of at least two-thirds of the members of that House present and voting. If the motion is adopted by this majority, the motion will be sent to the other House for adoption. Thus, the Constitution provides that a judge can be removed only by an order of the President, based on a motion passed by both Houses of Parliament. So, statement 4 is correct.
  
  

Therefore, option (3) is the correct answer.

Subject: Polity | Judiciary