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?
- (a) 1 and 2
- (b) 3 only
- (c) 3 and 4 only ✓ UPSC's answer
- (d) 1, 3 and 4
Why the answer is (c)
• Statement 3 is correct: Article 124(4) provides for removal but the procedure — motion by 100 Lok Sabha or 50 Rajya Sabha members, a three-member inquiry committee, and the report — is laid down in the Judges (Inquiry) Act, 1968.
• Statement 4 is correct: Article 124(4) requires each House to pass the address by a majority of total membership and two-thirds of members present and voting.
• Statement 1 is wrong: the Speaker/Chairman may admit or refuse the motion (as the Rajya Sabha Chairman did in 2018 against CJI Dipak Misra).
• Statement 2 is wrong: the Constitution does not define 'proved misbehaviour or incapacity'.
• Hence 3 and 4 only, option (c).
Why the other options are wrong
- (a) 1 and 2
- Statements 1 and 2 are wrong: the Speaker can reject, and the terms are undefined.
- (b) 3 only
- Statement 4 on the special majority is also correct.
- (d) 1, 3 and 4
- Statement 1 is wrong: the Speaker can refuse the motion.
Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2019, held on 2 June 2019. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.