Consider the following statements:The motion to impeach a Judge of the Supreme Court of India cannot

Question

Consider the following statements: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.The Constitution of India defines and gives details of what constitutes incapacity and proved misbehaviour of the Judges of the Supreme Court of India.The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968.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?

Accepted Answer

A judge may be removed from office through a motion adopted by Parliament on grounds of proven misbehaviour or incapacity. While the Constitution does not use the word impeachment, it is colloquially used to refer to the proceedings under Article 124 (for the removal of a Supreme Court judge) and Article 218 (for the removal of a High Court judge).The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a judge of the Supreme Court by the process of impeachment.Impeachment procedure:A removal motion signed by 100 members (in the case of Lok Sabha) or 50 members (in the case of Rajya Sabha) is to be given to the Speaker/Chairman.The Speaker/Chairman may admit the motion or refuse to admit it.If it is admitted, then the Speaker/Chairman is to constitute a three-member committee to investigate into the charges.The committee should consist of:(a) the chief justice or a judge of the Supreme Court,(b) a chief justice of a high court, and(c) a distinguished jurist.If the committee finds the judge to be guilty of misbehaviour or suffering from an incapacity, the House can take up the consideration of the motion.After the motion is passed by each House of Parliament by a special majority, an address is presented to the president for removal of the judge.Finally, the president passes an order removing the judge.Source Attribution: Laxmikanth: Indian Polity (Supreme Court)