Q. Consider the following statements regarding the constitutional procedure for removal of judges of the Supreme Court and High Courts in India:
1.Articles 124 and 218 of the Constitution deal with the removal of judges of the Supreme Court and High Courts respectively on the grounds of proved misbehaviour or incapacity.
2.The Constitution of India expressly uses the term “impeachment” for the removal of judges of the higher judiciary.
3.If a motion for removal is admitted, a three-member inquiry committee comprising a Supreme Court judge, a Chief Justice of a High Court, and a distinguished jurist is constituted to investigate the charges.
4.A judge can be removed only after the motion is passed by a simple majority in both Houses of Parliament and an order is issued by the President of India.
Which of the statements given above are correct?
Answer: A
Notes:
Explanation:
- Statement 1 is Correct: Article 124 (for Supreme Court judges) and Article 218 (for High Court judges) lay down the constitutional provisions for removal on grounds of proved misbehaviour or incapacity.
- Statement 2 is Incorrect: The Constitution does not use the term “impeachment” for the removal of judges. Removal of judges is a special constitutional procedure distinct from impeachment of the President.
- Statement 3 is Correct: Under the Judges Enquiry Act, 1968, once a motion is admitted, a three-member inquiry committee is formed consisting of a Supreme Court judge, a Chief Justice of a High Court, and a distinguished jurist.
- Statement 4 is Incorrect: Removal of a judge requires a special majority in both Houses of Parliament (majority of total membership and two-thirds of members present and voting), not a simple majority, followed by a Presidential order.
Source- IE
