UPSC CSE Prelims
Impeachment of Judges Previous Year Questions (PYQs)
Practice solved questions for Impeachment of Judges with detailed step-by-step solutions, key insights, and trend analysis for UPSC CSE PRELIMS.
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Consider the following statements :
- 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.
- The Constitution of India defines and gives details of what constitutes ‘incapacity and proved misbehaviour’ of the Judges of the Supreme Court of India.
- The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968.
- 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 the 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?
Detailed Explanation:
Answer: Option 3 — 3 and 4 only
This question tests knowledge about the constitutional provisions and procedural framework governing the impeachment of judges of the Supreme Court and High Courts in India. Only statements 3 and 4 are correct, as they accurately describe the role of the Judges (Inquiry) Act, 1968, and the constitutional voting requirements for impeachment.
❌ Statement 1 – Incorrect: The Speaker of the Lok Sabha (or the Chairman of the Rajya Sabha) has the discretion to admit or reject an impeachment motion if it is not in order or is deemed frivolous, as per the Judges (Inquiry) Act, 1968.
❌ Statement 2 – Incorrect: The Constitution does not define or provide details of what constitutes 'incapacity and proved misbehaviour'; these terms are not explicitly defined in the Constitution.
✅ Statement 3 – Correct: The Judges (Inquiry) Act, 1968, provides detailed procedural framework for the investigation and impeachment process of Supreme Court and High Court judges.
✅ Statement 4 – Correct: Article 124(4) of the Constitution requires that an impeachment motion must be supported by a majority of the total membership of each House and by not less than two-thirds of members present and voting.
📝 Short Notes: Impeachment of Judges in India
| Aspect | Details |
|---|---|
| Constitutional Provision | Article 124(4) for Supreme Court judges; Articles 217 & 218 for High Court judges |
| Grounds for Removal | 'Proved misbehaviour' or 'incapacity' (not defined in Constitution) |
| Governing Law | Judges (Inquiry) Act, 1968 |
| Initiation | Motion signed by at least 100 MPs (Lok Sabha) or 50 MPs (Rajya Sabha) |
| Speaker's Role | Has discretion to admit or reject the motion at the initial stage |
| Investigation | By a three-member committee (Chief Justice or SC judge, Chief Justice of HC, and an eminent jurist) |
| Voting Requirement | Majority of total membership of House + 2/3rd majority of members present and voting |
| Final Step | After approval by both Houses, President issues the order of removal |
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