Question

Which of the following is/are correct about the removal of a Supreme Court Judge?

1. A judge may be removed from office through a motion adopted by Parliament on grounds of ‘proven misbehaviour or incapacity. 

2. He can be removed by a majority of at least one-third of the members of that House present and voting.

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Answer 1

Correct Answer - Option 1 : 1 only

The correct answer is 1 only.

• A judge may be removed from office through a motion adopted by Parliament on grounds of ‘proven misbehaviour or incapacity. 
• The Constitution provides that a judge can be removed only by an order of the President, based on a motion passed by both Houses of Parliament. 
• The procedure for removal of judges is elaborated in the Judges Inquiry Act, 1968. 
  • Under the Act, an impeachment motion may originate in either House of Parliament. To initiate proceedings:
    • at least 100 members of Lok Sabha may give a signed notice to the Speaker, or
    • at least 50 members of Rajya Sabha may give a signed notice to the Chairman. 
    • The Speaker or Chairman may consult individuals and examine relevant material related to the notice. 
    • Based on this, he or she may decide to either admit the motion or refuse to admit it.
  • If the motion is admitted, the Speaker or Chairman will constitute a three-member committee to investigate the complaint. It will comprise:
    • a Supreme Court judge
    • Chief Justice of a High Court; and  
    • a distinguished jurist. 
  • The committee will frame charges based on which the investigation will be conducted. 
  • A copy of the charges will be forwarded to the judge who can present a written defence.
  • After concluding its investigation, the Committee will submit its report to the Speaker or Chairman, who will then lay the report before the relevant House of Parliament.
    • If the report records a finding of misbehaviour or incapacity, the motion for removal will be taken up for consideration and debated. Hence statement 1 is correct.
  • The motion for removal is required to be adopted by each House of Parliament by
    • a majority of the total membership of that House, and
    • a majority of at least two-thirds of the members of that House present and voting. Hence statement 2 is not correct.
  • If the motion is adopted by this majority, the motion will be sent to the other House for adoption.
  • Once the motion is adopted in both Houses, it is sent to the President, who will issue an order for the removal of the judge.