Q. Consider the following statements:
1.Impeachment proceedings for the judges can only begin if the motion of impeachment is admitted by the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha.
2.Judges can only be removed for ‘proved misbehavior or incapacity’.
3.The impeachment of a judge requires a special majority in both the Houses of Parliament.
4.The Constitution of India bars a judge from holding public office after the removal.
5.Till now, only two judges have been found guilty for impeachment.
How many of the statements given above are correct?
Explanations –
Statements 1, 2 3 and 5 are correct. Impeachment proceedings are initiated when a motion signed by at least 100 Lok Sabha members or 50 Rajya Sabha members is submitted. The Speaker (Lok Sabha) or Chairman (Rajya Sabha) must admit the motion for it to proceed further. According to Article 124(4) of the Indian Constitution, a judge can only be removed for proven misbehavior or incapacity. The impeachment of a judge requires a special majority in both Houses, which means a majority of the total membership and two-thirds majority of those present and voting. Only two judges, Justice V. Ramaswami and Justice Soumitra Sen, have been found guilty by inquiry committees, but neither was impeached due to political reasons.
Statement 4 is incorrect. The Constitution does not bar a removed judge from holding public office after impeachment.
Source: The Hindu
