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
Correct Answer
D
1, 3 and 4
Explanation
Statements 3 and 4 are correct because the Judges (Inquiry) Act, 1968 provides the specific procedural framework for investigation, while Article 124(4) of the Constitution mandates a special majority (absolute majority of the House and 2/3rd of those present and voting) for the motion to pass. Statement 1 is incorrect because the Speaker or Chairman has the discretionary power to admit or refuse the motion, and Statement 2 is false as the Constitution mentions the grounds for removal but does not define them. The core concept tested is the constitutional and statutory procedure for the removal of Supreme Court judges, designed to ensure judicial independence.
JudiciaryImpeachment of Supreme Court JudgesImpeachJudgeSupreme CourtSpeaker of Lok SabhaJudges (Inquiry) Act, 1968Constitution of IndiaIncapacityProved MisbehaviourVoting