Q. Consider the following statements regarding the removal of Judges of the Higher Judiciary in India:
1.A judge of the Supreme Court or High Court can be removed by the President on grounds of proved misbehaviour or incapacity.
2.The removal motion must be passed by a special majority in both Houses of Parliament in the same session.
3.The Judges (Inquiry) Act, 1968 mandates that the motion for removal must be signed by at least 50 members in the Lok Sabha or 100 members in the Rajya Sabha.
4.An Inquiry Committee constituted after admission of the motion includes a Supreme Court Judge, a High Court Chief Justice, and a distinguished jurist.
Which of the statements given above are correct?
Quarterly-SFG-Jan-to-March
Red Book

[A] 1, 2 and 3 only

[B] 1, 2 and 4 only

[C] 2, 3 and 4 only

[D] 1, 2, 3 and 4

Answer: B
Notes:

Explanation:

  • Statement 1 is correct as per Articles 124(4) and 217(1)(b).
  • Statement 2 is correct; the special majority must be in the same session.
  • Statement 3 is incorrect — it’s 100 LS members or 50 RS members (the reverse).
  • Statement 4 is correct regarding the composition of the Inquiry Committee.

Source– TH

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