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Q13. Consider the following statements about the Impeachment procedure of the Judges.

1. 100 Lok Sabha MPs or 50 Rajya Sabha MPs is the minimum number of signatories required to issue the notice for initiation of Impeachment.

2. The notice has to be handed over either to the Speaker if it is from Lok Sabha MPs or to the Chairman if it is from the Rajya Sabha MPs.

Which of the above statements are correct?


A

a) 1 only

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B

b) 2 only

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C

c) Both 1 and 2

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D

d) Neither 1 nor 2

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Solution

The correct option is C

c) Both 1 and 2


  • Article 124(4) of the Constitution of India states: “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 misbehaviour or incapacity”
  • 100 Lok Sabha MPs or 50 Rajya Sabha MPs is the minimum number of signatories required to issue the notice
  • The notice has to be handed over either to the Speaker if it is from Lok Sabha MPs or to the Chairman if it is Rajya Sabha MPs
  • If and when the motion is admitted, the Speaker or the Chairman will have to constitute a three-member committee to investigate the charges levelled against the Supreme Court judge
  • This committee will consist of a senior Supreme Court judge, a High Court judge and a ‘distinguished jurist’ — who is a highly qualified law professor who has been appointed as a Supreme Court judge by the President of India.

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