Previous Year 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 Parliament and supported by a majority of the total membership of that House and by not less than two-thirds of the total members of that House present and voting.
Which of the statements given above is/are correct?
1 and 2
Only 3
3 and 4
1, 3 and 4
Correct Answer: C
Detailed Solution
Technically, the Constitution uses the expression “removal”, rather than “impeachment”, in relation to a judge of the Supreme Court.
Statement 1 is incorrect
Under the Judges (Inquiry) Act, 1968, the Speaker of the Lok Sabha or Chairman of the Rajya Sabha may admit or refuse to admit a notice of motion for removing a judge.
A notice in the Lok Sabha must be signed by at least 100 members.
A notice in the Rajya Sabha must be signed by at least 50 members.
After receiving the notice, the Speaker or Chairman may consider the available material, consult appropriate persons and either admit or refuse to admit the motion.
Therefore, it is incorrect to say that the Speaker cannot reject the motion.
Statement 2 is incorrect
Article 124(4) specifies two grounds for removing a Supreme Court judge:
Proved misbehaviour; or
Incapacity.
However, the Constitution does not provide an exhaustive definition of these expressions or a detailed list of acts that would constitute proved misbehaviour or incapacity. They must be determined through investigation, evidence and the parliamentary process.
Statement 3 is correct
Article 124(5) empowers Parliament to regulate by law the procedure for presenting an address for removal and for investigating and proving the misbehaviour or incapacity of a judge.
Parliament enacted the Judges (Inquiry) Act, 1968 under this authority. The Act regulates notice of motion, admission of the motion, constitution of an inquiry committee and the investigation procedure.
When a motion is admitted, a three-member inquiry committee is ordinarily constituted consisting of:
A judge of the Supreme Court;
A Chief Justice of a High Court; and
A distinguished jurist.
If the committee finds that the charges are not proved, the process does not proceed further. If the charges are proved, the motion may be taken up for consideration and voting in Parliament.
Statement 4 is correct
Under Article 124(4), the President may remove a judge only after both Houses of Parliament separately adopt an address in the same session.
In each House, the motion must be passed by a double special majority:
A majority of the total membership of that House; and
A majority of not less than two-thirds of the members present and voting.
After both Houses adopt the address with the required majority, the President issues the order removing the judge.
This procedure also applies to judges of High Courts through Articles 217(1)(b) and 218.