Q25. With reference to the removal of Supreme court Judge, which of the following statements is/Are correct?
1. The constitution mentions that, if it is introduced in Rajya Sabha, it requires approval of the at least 50 members of it.
2. The Speaker/Chairperson can either accept or reject the motion.
3. He/she can be impeached only on grounds of “misbehaviour or incapacity”.
Select the correct answer using the codes given:
Q25. With reference to the removal of Supreme court Judge, which of the following statements is/Are correct?
1. The constitution mentions that, if it is introduced in Rajya Sabha, it requires approval of the at least 50 members of it.
2. The Speaker/Chairperson can either accept or reject the motion.
3. He/she can be impeached only on grounds of “misbehaviour or incapacity”.
Select the correct answer using the codes given:
The correct option is C (c) Only 2 and 3
Article 124(4) of the Constitution lays down the procedure for removal of a judge of the Supreme Court, including the CJI, who can be impeached on grounds of “misbehaviour or incapacity”.
As per Judges Inquiry act; A removal motion signed by 100 members of Lok Sabha or 50 members of Rajya Sabha has to be submitted to the Speaker of the Lower House or Chairperson (ie Vice President) of the Upper House. This can be in either of the Houses of Parliament.
The Speaker/Chairperson can either accept or reject the motion.
If the motion is admitted, then the Speaker/ Chairperson forms a three-member committee comprising a senior judge of the Supreme Court, a judge of a high court and a distinguished jurist to investigate the charges leveled against the CJI.
If the committee supports the motion, it can be taken up for discussion. It must be passed by a special two-third majority of MPs in both the Lok Sabha and Rajya Sabha.
After it is passed in both Houses, it is presented to the President, who can pass a Presidential Order for removal of the CJI.
(c) Only 2 and 3
Article 124(4) of the Constitution lays down the procedure for removal of a judge of the Supreme Court, including the CJI, who can be impeached on grounds of “misbehaviour or incapacity”.
As per Judges Inquiry act; A removal motion signed by 100 members of Lok Sabha or 50 members of Rajya Sabha has to be submitted to the Speaker of the Lower House or Chairperson (ie Vice President) of the Upper House. This can be in either of the Houses of Parliament.
The Speaker/Chairperson can either accept or reject the motion.
If the motion is admitted, then the Speaker/ Chairperson forms a three-member committee comprising a senior judge of the Supreme Court, a judge of a high court and a distinguished jurist to investigate the charges leveled against the CJI.
If the committee supports the motion, it can be taken up for discussion. It must be passed by a special two-third majority of MPs in both the Lok Sabha and Rajya Sabha.
After it is passed in both Houses, it is presented to the President, who can pass a Presidential Order for removal of the CJI.
