UPSC Prelims 2019 – Question 46

by Edukemy Team March 4, 2024

Here is Question No. 46 a part of our series on UPSC Prelims 2019

Table of Contents

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.
The Constitution of India defines and gives details or what constitutes ‘incapacity and proved misbehavior’ of the Judges of the Supreme Court of India.
The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968.
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 the total membership of that House and by not less than two-thirds of the total members of that House present and voting.

Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 3 only
(c) 3 and 4 only
(d) 1, 3 and 4 only

Answer: C

Statement 1 is not correct: The Judges (Inquiry) Act,1968 contains the detailed procedures for the removal of Judges of the Supreme Court or the High Court. Under this Act, the Chairman or the Speaker may or may not admit the motion of impeachment.
Statement 2 is not correct: The constitution nowhere defines the term “incapacity and proved misbehavior”.
Statement 3 is correct: The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a judge of the Supreme Court by the process of impeachment.
Statement 4 is correct: The motion for removal of a Judge is to be signed by 50 members of the Rajya Sabha or 100 members of Lok Sabha and it has to be passed by a majority of the House and 2/3rd of those present and voting in the same session

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