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Prelims 2019 · Q46 · Appointments & tribunals

Consider the following statements :

  1. 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. 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. 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. 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?

Show answer

Answer: C. Statement 1 is wrong: under Section 3 of the Judges (Inquiry) Act, 1968, the Speaker can admit or refuse the motion. Statement 2 is wrong: the Constitution does not define 'proved misbehaviour or incapacity'. Statement 3 is correct: the procedure is laid down in the Judges (Inquiry) Act, 1968. Statement 4 is correct: Article 124(4) needs a majority of total membership and two-thirds of those present and voting in each House. So 3 and 4 only.

Watch for: Students assume a removal motion with enough signatures must go forward, but the Speaker or Chairman can refuse it.

Why the other options are wrong
  • A. Wrong because the Speaker can reject the motion and the Constitution does not define the grounds.
  • B. Wrong because statement 4 is also correct.
  • D. Wrong because statement 1 is false; the Speaker may refuse to admit the motion.

Source to check: Constitution of India, Article 124(4) and (5); Judges (Inquiry) Act, 1968, Section 3

Answer from the official UPSC key. Written and fact-checked by AI against the official key. Spotted a mistake? Report it.