CAPF AC 2023 Q7: Indian Polity – Judiciary
- (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.
- (b) The motion is investigated by a Committee of three (2 Judges of the Supreme Court and a distinguished Jurist).
- (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.
- (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.
| Step | Rule |
|---|---|
| 1. Notice of motion | Signed by 100 members of the Lok Sabha OR 50 members of the Rajya Sabha; given to the Speaker or the Chairman |
| 2. Inquiry | A three-member committee investigates the charges |
| 3. Report | If the judge is found guilty of misbehaviour or incapacity, the House takes up the motion |
| 4. Vote | Each House must pass it by a special majority in the same session |
| 5. Order | The 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
- (a) CORRECT. This is wrong: the notice needs 100 Lok Sabha members or 50 Rajya Sabha members, not 100 of both Houses.
- (b) Incorrect. A three-member committee does investigate the motion; the key accepts this statement.
- (c) Incorrect. This is true: after an adverse report the House considers the motion.
- (d) Incorrect. This is true: removal takes effect by an order of the President.
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
- Missing that the numbers differ for the two Houses: 100 and 50.
- Thinking the judge is removed by the vote itself, without the President's order.
- Using the word impeachment loosely; the Constitution says removal for judges.
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
- Constitution of India — Article 124(4) and (5); the Judges (Inquiry) Act, 1968, Section 3
- D. D. Basu, Introduction to the Constitution of India — The Supreme Court