UPSC Prelims 2019 Q46: Indian Polity – Judiciary

UPSC Prelims 2019, General Studies Paper I · Indian Polity

Consider the following statements: 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, 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?

(a) 1 and 2
(b) 3 only
(c) 3 and 4 only
(d) 1, 3 and 4

Answer: (c) 3 and 4 only

Explanation

Judges (Inquiry) Act, 1968 & Impeachment Process

Statement	Claim	Verdict	Detail
1	Speaker cannot reject impeachment motion	FALSE	The Speaker (or RS Chairman) has discretion to admit or reject the notice; rejection is possible on grounds that motion is not in order. Justice Ramaswami and Justice Dipak Misra cases show varying outcomes.
2	Constitution defines 'incapacity and proved misbehaviour'	FALSE	The Constitution does NOT define these terms. The Judges (Inquiry) Act 1968 and case law (Sub-Committee on Judicial Accountability v. UOI) provide guidance.
3	Judges (Inquiry) Act 1968 gives details of the process	TRUE	The 1968 Act lays down the Inquiry Committee, evidence, findings and reporting mechanism for judge removal.
4	Motion needs majority of total membership + 2/3 of members present and voting in each House	TRUE	This is the special majority under Article 124(4) - required in both Houses for removal of an SC or HC judge.

Statements 3 and 4 are correct. Answer: (c) 3 and 4 only.

Answer: (c) 3 and 4 only.

Why each option is right or wrong

(a) Incorrect. Statements 1 and 2 are both wrong.
(b) Incorrect. Statement 4 (special majority requirement) is also correct.
(c) CORRECT. The Judges (Inquiry) Act 1968 lays down the process (S3) and the special majority in each House is the constitutional requirement (S4).
(d) Incorrect. Statement 1 is wrong - the Speaker can reject a motion.

Key point

Judge removal: (i) Motion by 100 LS or 50 RS members. (ii) Speaker/Chairman may admit or reject. (iii) Inquiry Committee (Judges Inquiry Act 1968). (iv) Special majority in both Houses under Art 124(4). (v) President's order.

Remember

Only statements 3 and 4 are correct. The Judges (Inquiry) Act 1968 provides the details of the impeachment process for Supreme Court judges, and the motion requires a special majority (majority of total membership + not less than 2/3 of members present and voting) in each House of Parliament, as per Article 124(4).

Common mistakes

Assuming Constitution defines 'proved misbehaviour' - it does not; interpretation left to Parliament/courts.
Confusing the Speaker's admissibility power (discretionary) with automatic acceptance.
Missing the Judges (Protection) Act 1985 - a separate, different Act protecting judges from suits.

Exam tip

Judge impeachment steps: 100 LS / 50 RS members sign notice -> Speaker/Chairman decides admissibility -> 3-member Inquiry Committee -> report to House -> special majority vote -> President's order. No SC judge has been successfully removed in India's history (Justice Ramaswami 1993 came closest).

Sources

Constitution of India - Article 124(4) and (5)
Judges (Inquiry) Act, 1968 - Full text

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