Question
Consider the following statement:
1. 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
2. The Constitution of India defines and gives details of what constitutes ‘incapacity and proved misbehaviour' of the Judges of the Supreme Court of India.
3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968
4. If the motion for the impeachment of a Judge is taken up for voting, 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?
(a) 1 and 2
(b) 3 only
(c) 3 and 4 only
(d) 1, 3 and 4
Answer:
C
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Explanation:
Statement 1 is incorrect. The Speaker of the Lok Sabha has the authority to admit or reject a motion for the impeachment of a Judge of the Supreme Court.
Statement 2 is incorrect. The Constitution of India does not specifically define or provide explicit details of what constitutes 'incapacity and proved misbehaviour' of the Judges of the Supreme Court of India. The Constitution does mention the provision for the removal of judges on the grounds of 'proved misbehaviour' or 'incapacity,' but it does not provide an exhaustive list of acts or behaviors that would constitute such misbehaviour or incapacity.
Statement 3 is correct. The Judges (Inquiry) Act, 1968 provides the procedure and details for the impeachment of judges of the Supreme Court and High Courts.
Statement 4 is correct. According to the Judges (Inquiry) Act, 1968, a motion for impeachment must be supported by a majority of the total membership of each House of Parliament and by not less than two-thirds of the total members of that House present and voting.