Q. With reference to the procedure for removal of judges of Supreme Courts and High Courts in India, consider the following statements:
1. The word “impeachment” is mentioned nowhere in the Constitution of India.
2. The Judges of Supreme court can be removed by the President, based on a motion passed by each house of Parliament with special majority.
3. Prior written consent of the Chief Justice of India is mandatory for the initiation of impeachment motion against judges of High courts.
How many of the above given statements are correct?
Exp) Option b is the correct answer
The procedure for removal of the Supreme Court judge is guided by Article 124(4) of the Constitution of India and the Judges (Inquiry) Act, 1968. Article 218 of the Constitution of India provides for the impeachment of High Court judges.
Statement 1 is correct: The Constitution does not use the word ‘impeachment’. The term impeachment is used to refer to the proceedings under Article 124 (for the removal of a Supreme Court judges) and Article 218 (for the removal of a High Court judges).
Statement 2 is correct: The Constitution of India (Article 124(4)) provides that a judge of the Supreme court shall not be removed from his/her office except by an order of the President. The same order should be passed after an address by each house of parliament 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.
Statement 3 is incorrect: As per the Judges (Inquiry) Act 1968, prior written consent of the Chief Justice of India is not mandatory for the initiation of impeachment motion in the Parliament against judges of High courts.
