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?
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.