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CAPF AC 2023 Q7: Indian Polity – Judiciary

CAPF AC 2023, Paper I (General Ability and Intelligence) · Indian Polity

Which one of the following statements with regard to the impeachment of a Judge of the Supreme Court of India is not correct?
  1. (a) A motion addressed to the President, signed by at least 100 members of both the Houses of the Parliament is delivered to the Speaker.
  2. (b) The motion is investigated by a Committee of three (2 Judges of the Supreme Court and a distinguished Jurist).
  3. (c) If the Committee finds the Judge guilty of misbehaviour or that he suffers from incapacity, the motion together with the report of the Committee is taken up for consideration in the House where the motion is pending.
  4. (d) The Judge will be removed after the President gives his order for removal.

Answer: (a) A motion addressed to the President, signed by at least 100 members of both the Houses of the Parliament is delivered to the Speaker.

Explanation

Removal of a Supreme Court judge

How to think: follow the steps in the Judges (Inquiry) Act, 1968 and Article 124(4).

The first step has exact numbers, and option (a) gets them wrong.

StepRule
1. Notice of motionSigned by 100 members of the Lok Sabha OR 50 members of the Rajya Sabha; given to the Speaker or the Chairman
2. InquiryA three-member committee investigates the charges
3. ReportIf the judge is found guilty of misbehaviour or incapacity, the House takes up the motion
4. VoteEach House must pass it by a special majority in the same session
5. OrderThe President issues the order of removal

Why (a) is wrong: it is not 100 members of both Houses.

It is 100 in the Lok Sabha or 50 in the Rajya Sabha.

A note on (b): the wording (two Supreme Court judges and a jurist) follows a standard textbook.

Under the Act the committee has a Supreme Court judge, a High Court Chief Justice and a distinguished jurist.

The published key still takes (a) as the answer.

Answer: (a).

Why each option is right or wrong

Key point

Article 124(4) and the Judges (Inquiry) Act, 1968: 100 Lok Sabha or 50 Rajya Sabha members; three-member inquiry committee; special majority in each House in the same session; President's order. Grounds: proved misbehaviour or incapacity. No judge has been removed so far.

Remember

Judge's removal: 100 Lok Sabha or 50 Rajya Sabha members.

Common mistakes

Exam tip

Educated guess: the Rajya Sabha has less than half the strength of the Lok Sabha, so the same figure of 100 for both Houses is unlikely. The pair to remember is 100 and 50.

Sources

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