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Which of the following is/are correct about the removal of a Supreme Court Judge? 1. A judge may be removed from office through a motion adopted by Parliament on grounds of ‘proven misbehaviour or incapacity.  2. He can be removed by a majority of at least one-third of the members of that House present and voting.

Which of the following is/are correct about the removal of a Supreme Court Judge? 1. A judge may be removed from office through a motion adopted by Parliament on grounds of ‘proven misbehaviour or incapacity.  2. He can be removed by a majority of at least one-third of the members of that House present and voting. Correct Answer 1 only

The correct answer is 1 only.

Key Points

  • A judge may be removed from office through a motion adopted by Parliament on grounds of ‘proven misbehaviour or incapacity. 
  • The Constitution provides that a judge can be removed only by an order of the President, based on a motion passed by both Houses of Parliament. 
  • The procedure for removal of judges is elaborated in the Judges Inquiry Act, 1968. 
    • Under the Act, an impeachment motion may originate in either House of Parliament. To initiate proceedings:
      • at least 100 members of Lok Sabha may give a signed notice to the Speaker, or
      • at least 50 members of Rajya Sabha may give a signed notice to the Chairman. 
      • The Speaker or Chairman may consult individuals and examine relevant material related to the notice. 
      • Based on this, he or she may decide to either admit the motion or refuse to admit it.
    • If the motion is admitted, the Speaker or Chairman will constitute a three-member committee to investigate the complaint. It will comprise:
      • a Supreme Court judge
      • Chief Justice of a High Court; and  
      • a distinguished jurist. 
    • The committee will frame charges based on which the investigation will be conducted. 
    • A copy of the charges will be forwarded to the judge who can present a written defence.
    • After concluding its investigation, the Committee will submit its report to the Speaker or Chairman, who will then lay the report before the relevant House of Parliament.
      • If the report records a finding of misbehaviour or incapacity, the motion for removal will be taken up for consideration and debated. Hence statement 1 is correct.
    • The motion for removal is required to be adopted by each House of Parliament by
      • a majority of the total membership of that House, and
      • a majority of at least two-thirds of the members of that House present and voting. Hence statement 2 is not correct.
    • If the motion is adopted by this majority, the motion will be sent to the other House for adoption.
    • Once the motion is adopted in both Houses, it is sent to the President, who will issue an order for the removal of the judge.

Related Questions

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?
What is correct about the dismissal of Vice President of Municipal Council ? a. He may be dismissed by No confidence motion. b. Signature of 1/6 members of council is essential in the resolution to introduce the No confidence motion. c. Signature of 1/10 members of council is essential in the resolution to introduce the No confidence motion. d. No confidence motion should be accepted by the Council by 2/3 majority. e. No confidence motion should be accepted by the Council by 3/4 majority. f. No confidence motion should be Passed by more than half of the total elected members and 2/3 majority of the members present and voting.
Which of the following statement is correct? A judge of Supreme court can be removed on the grounds of proved misbehaviour or incapacity. A motion to remove the judge of SC can be introduced in any house of the parliament.
What is not correct about the removal of the Deputy Chairman of the Rajya Sabha? I. The resolution can be initiated in any House of Parliament. II. The resolution can be moved after a prior notice of fourteen days. III. Signature of 1/4 members of the House is essential to introduce the resolution. IV. The resolution should be passed by the majority of the then members of the House. V. The resolution should be passed by the majority of the present and voting members of the House.
What is correct about external emergency as per Article 352? i. It is proclaimed by the President. ii.. It should be approved by Parliament within two months. iii. It should be approved by Parliament within one month. iv. It should be approved by Parliament by simple majority. v. It should be approved by Parliament by 2/3 majority. vi. It can be revoked by simple majority of Parliament. vii. It can be revoked by 2/3 majority of Parliament. viii. It can be approved in joint session of Parliament. 
What is correct about the removal of the President of the Municipal Council? a. He may be recalled from his office. b. The removal progress can be initiated with the signature of 2/3 members of the council. c. The removal process can be initiated with the signature of 3/4 members of the council. d. He can be recalled by a simple majority of voters. e. He can be recalled by 2/3 majority of voters, f. He can be removed by a no-confidence motion.
In order to remove a judge of the Supreme Court, the President is, required by the Indian Constitution to receive an address by each House of Parliiament supported by a majority of the total membership of that house, and by a prescribed majority of members of that House present and voting. The prescribed majority is:
Consider the following statements: 1. The Chief Justice of India can appoint a judge of a High Court as an ad hoc judge of the Supreme Court for a temporary period. 2. The chief justice of India can request a retired judge of the Supreme Court or a retired judge of a high court to act as a judge of the Supreme Court for a temporary period. Which of the above-given statements is/are correct?
Consider the following statements to answer this question.
1. Parliament cannot extend the jurisdiction and power of the Supreme Court.
2. No discussion can take place in Parliament with respect to the conduct of judge of the Supreme Court in discharge of the duties.
3. A retired judge of the Supreme Court cannot appear or plead in any court or before any authority within the territory of India.
4. The salaries and allowances of the Supreme Court are fixed by the Constitution and charged on the Consolidated Fund of India.
Which of these statement are correct?
Nirav's house is 40 m south of Akash's house. Daksh's house is to the east of Akash's house in a straight line at a distance of X m. Prakash's house if to the west of Akash's house in a straight line at a distance of Y m. If the shortest distance between Prakash's house and Nirav's house is 50 m and the shortest distance between Daksh's house and Nirav's house is also 50 m, then what is the distance between Prakash's house and Daksh's house?