Question

The Judges of the Supreme Court can be removed by the

  1. 1. Parliament
  2. 2. Law minister
  3. 3. The President alone
  4. 4. Prime Minister

Answer (Detailed Solution Below)

Option 1: Parliament

Detailed Solution

The correct answer is Parliament.

Supreme Court Judges Removal

The removal of the judge of a Supreme Court can be based on two grounds: misbehaviour or incapacity to hold office. The method for removing a judge of the Supreme Court through the impeachment process is governed by the Judges Enquiry Act (1968): 

The Speaker or Chairman must receive a resolution for removal signed by 100 members of the Lok Sabha or 50 members of the Rajya Sabha.

The Speaker or Chairman has the option to adopt the motion or refuse to admit it.

If it is admitted, the Speaker or Chairman must appoint a three-person committee to look into the charges.

The committee shall consist of a judge or chief justice of the Supreme Court, a chief justice of a high Court, and a distinguished jurist.

The House can consider the motion if the committee finds the judge guilty of misbehaviour or suffering from incapacity. 

Once the motion has been approved by a special majority in each House of Parliament, an address is presented to the President for the removal of the judge. The president finally passed an order removing the judge.

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