Consider the following statements:The motion to impeach a Judge of the Supreme Court of India cannot

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Question

Consider the following statements: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.The Constitution of India defines and gives details of what constitutes 'incapacity and proved misbehaviour' of the Judges of the Supreme Court of India.The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968.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?

Accepted Answer

Correct Answer: C — 3 and 4 onlyStep-by-step Solution:Statement 1 — Impeachment motion cannot be rejected by the Lok Sabha Speaker: This is incorrect. Under the Judges (Inquiry) Act, 1968, a removal motion signed by at least 100 Lok Sabha members is given to the Speaker. The Speaker CAN admit or refuse to admit the motion — the decision to admit or reject is within the Speaker's discretion. This was demonstrated when Rajya Sabha Chairman M. Venkaiah Naidu rejected the opposition's impeachment notice against Chief Justice Dipak Misra in April 2018 (using the Rajya Sabha's equivalent power). ✗Statement 2 — Constitution defines 'incapacity and proved misbehaviour': This is incorrect. The Constitution of India (Article 124) mentions the grounds of removal as 'proved misbehaviour or incapacity' but does NOT define or elaborate on what constitutes these terms. The definition of these terms is left to Parliament and the process under the Judges (Inquiry) Act, 1968. ✗Statement 3 — Details of impeachment process in Judges (Inquiry) Act, 1968: This is correct. The Judges (Inquiry) Act, 1968 provides the detailed procedure for removal of a SC/HC judge — including: number of MPs required to sign the motion (100 for LS, 50 for RS); formation of three-member inquiry committee (SC judge, HC Chief Justice, eminent jurist); inquiry process; report submission; and subsequent voting. ✓Statement 4 — Voting requires majority of total membership AND two-thirds of members present and voting: This is correct. Article 124(4) provides that a judge can be removed only after an address by each House of Parliament supported by a majority of the total membership of that House AND by not less than two-thirds of members of that House present and voting. This is a special majority requiring both an absolute majority and a supermajority of those present. ✓Key Concept: Impeachment of SC judges (Article 124): Only ground — proved misbehaviour or incapacity; Only 1 SC judge has ever faced a full impeachment motion — Justice V. Ramaswami (1993), but the motion failed in Lok Sabha (Congress abstained). Process: 100 LS / 50 RS members sign → Speaker/Chairman admits/rejects → 3-member inquiry committee → report to Parliament → Address by each House (special majority) → President signs removal order.

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