Change set

Pick exam & year, then Go.

Question map
Not attempted Correct Incorrect ★ Bookmarked
Loading…
Q46 (IAS/2019) Polity & Governance › Judiciary › Judges removal and impeachment Official Key

Consider the following statements : 1. 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. 2. The Constitution of India defines and gives details of what constitutes 'incapacity and proved misbehaviour' of the Judges of the Supreme Court of India. 3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968. 4. 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 the Parliament and supported by a majority of total membership of that House and by not less than two-thirds of total members of that House present and voting. Which of the statements given above is/are correct?

Result
Your answer: —  ·  Correct: C
Explanation

The correct answer is option C (statements 3 and 4 only).

**Statement 1 is incorrect:** The Speaker/Chairman may admit the motion or refuse to admit it.[2] This clearly shows that the Speaker has the discretionary power to reject a removal motion under the Judges (Inquiry) Act, 1968.

**Statement 2 is incorrect:** The only grounds upon which such removal may take place are: (1) "proved misbehaviour" and (2) "incapacity". In Article 124(4) of the Constitution, "misbehaviour" means wrong conduct or improper conduct.[3] While the Constitution mentions these grounds, it does not provide detailed definitions of what constitutes incapacity and proved misbehaviour.

**Statement 3 is correct:** The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a judge of the Supreme Court by the process of impeachment.[1] The Act provides the detailed procedural framework for the impeachment process.

**Statement 4 is correct:** The address must be supported by a special majority of each House of Parliament (ie, a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting)[1], which accurately describes the voting requirement for removal.

Sources
  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > TENURE AND REMOVAL > p. 287
  2. [2] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 26: Supreme Court > TENURE AND REMOVAL > p. 287
  3. [3] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 342
How others answered
Each bar shows the % of students who chose that option. Green bar = correct answer, blue outline = your choice.
Community Performance
Out of everyone who attempted this question.
72%
got it right
PROVENANCE & STUDY PATTERN
Guest preview
Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
Q. Consider the following statements : 1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of …
At a glance
Origin: From standard books Fairness: High fairness Books / CA: 10/10 · 0/10
You're seeing a guest preview. The Verdict and first statement analysis are open. Login with Google to unlock all tabs.

This is a classic 'Laxmikanth Line-by-Line' verification question. It tests the specific boundary between what is written in the Constitution (Article 124) versus what is delegated to Parliament (Judges Inquiry Act, 1968). The question specifically targets the 'Definition Trap' and the 'Speaker's Discretion'—two favorite areas for the examiner to plant falsehoods.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
Under the Judges (Inquiry) Act, 1968, does the Speaker of the Lok Sabha have authority to reject or refuse to admit a motion to impeach a Judge of the Supreme Court of India?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > TENURE AND REMOVAL > p. 287
Presence: 5/5
“The address must be supported by a special majority of each House of Parliament (ie, a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting) The Judges Enquiry Act (1966) regulates the procedure relating to the removal of a judge of the Supreme Court by the process of impeachment. • A removal motion signed by 100 members (in the case of Lok Sabha) or SO members (in the case of Rajya Sabha) is to be given to the Speaker/Chairman. • The Speaker/Chairman may admit the motion or refuse to admit it. • If it is admitted, then the Speaker/Chairman is to constitute a three-member committee to investigate into the charges.”
Why this source?
  • Specifically addresses removal procedure for Supreme Court judges under the Judges Enquiry Act.
  • Explicitly indicates a removal motion is to be given to the Speaker/Chairman and that the Speaker/Chairman may admit or refuse to admit it.
Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 26: Supreme Court > TENURE AND REMOVAL > p. 287
Presence: 5/5
“The address must be supported by a special majority of each House of Parliament (ie, a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting) The Judges Enquiry Act (1963) regulates the procedure relating to the removal of a judge of the Supreme Court by the process of impeachment. • A removal motion signed by 100 members (in the case of Lok Sabha) or SO members (in the case of Rajya Sabha) is to be given to the Speaker/Chairman. • The Speaker/ Chairman may admit the motion or refuse to admit it. • If it is admitted, then the Speaker/ Chairman is to constitute a three-member committee to investigate into the charges.”
Why this source?
  • Repeats the procedure for Supreme Court impeachment under the Judges Enquiry Act.
  • Affirms the Speaker/Chairman has the option to admit or refuse a removal motion.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 34: High Court > TENURE, REMOVAL AND TRANSFER > p. 355
Presence: 4/5
“The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a judge of' a high court by the process of impeachment: • 1. A removal motion signed by 100 members (in the case of Lok Sabha) or 50 members (in the case of Rajya Sabha) is to be given to the Speaker/Chairman. • 2. The Speaker/Chairman may admit the motion or refuse to admit it. • 3. If it is admitted, then the Speaker/Chairman is to constitute a three-member committee to investigate into the charges. From the above, it is clear that the procedure for the impeachment of a judge of a high court is the same as that for a judge of the Supreme Court.”
Why this source?
  • Describes the same admission/refusal role for Speaker/Chairman in the context of High Court judges.
  • Notes that the High Court procedure is the same as for the Supreme Court, linking the Speaker's role to Supreme Court impeachments as well.
How to study

This tab shows concrete study steps: what to underline in books, how to map current affairs, and how to prepare for similar questions.

Login with Google to unlock study guidance.

Micro-concepts

Discover the small, exam-centric ideas hidden in this question and where they appear in your books and notes.

Login with Google to unlock micro-concepts.

The Vault

Access hidden traps, elimination shortcuts, and Mains connections that give you an edge on every question.

Login with Google to unlock The Vault.

✓ Thank you! We'll review this.

SIMILAR QUESTIONS

5 Cross-Linked PYQs

UPSC repeats concepts across years. Login to see how this question connects to 5 others.

Login with Google