Question

Q. Consider the following statements regarding the removal of judges in the Supreme Court:

Which of the above statements is/are correct?

• A. 1 and 2 only
• B. 2 and 3 only
• C. 1 and 3 only
• D. 1, 2 and 3

Answer 1

The correct option is C 1 and 3 only

Explanation:

The Constitution of India also provides a set of regulations for the removal of the Supreme Court judge. Article 124(4) mentions those Removal regulations of the Supreme court judge as follows:

• Statement 1 is correct: A judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the president in the same session for such removal on the ground of proved misbehavior or incapacity.

Statement 2 is incorrect: There is no provision that mandates the consultation with the Chief Justice before initiating removal proceedings of the judges.

Statement 3 is correct: No judge of the Supreme Court has been impeached so far. Motions of impeachment of Justice V Ramaswami (1991–1993) and Justice Dipak Misra (2017-18) were defeated in the Parliament.