Previous Year Question
In the removal of which of the following officials does the Parliament NOT play any role?
Judges of the High Court
Judges of the Supreme Court
Chairman of the Union Public Service Commission
Comptroller and Auditor General of India
Choose the correct answer from the codes given below.
1 and 2 only
3 and 4 only
1, 2 and 3 only
3 only
Correct Answer: D
Detailed Solution
Parliament has a role in Statement 1. For removal of a High Court Judge, Article 217(1)(b) applies the procedure prescribed under Article 124(4) for removal of a Supreme Court Judge. Therefore, Parliament participates in the removal process of a High Court Judge.
Parliament also has a role in Statement 2. Under Article 124(4), a Supreme Court Judge can be removed by the President only after an address has been passed by each House of Parliament by a majority of the total membership and by not less than a two-thirds majority of members present and voting. The grounds are proved misbehaviour or incapacity.
Parliament has no role in Statement 3. Under Article 317(1), the President may remove the Chairman or a Member of a Public Service Commission on the ground of misbehaviour after the Supreme Court, on a reference by the President, conducts an inquiry and reports that removal is warranted. Parliamentary approval is not required in this process.
Parliament has a role in Statement 4. Article 148(1) expressly provides that the CAG can be removed in the same manner and on the same grounds as a Judge of the Supreme Court. Thus, the Parliamentary procedure under Article 124(4) also applies.
Thus—High Court Judge: Parliament involved; Supreme Court Judge: Parliament involved; UPSC Chairman: Parliament not involved; CAG: Parliament involved.