2023 · Q7
Which one of the following statements with regard to the impeachment of a Judge of the Supreme Court of India is not correct?
indian-polity-economyjudiciary
- AA motion addressed to the President, signed by at least 100 members of both the Houses of the Parliament is delivered to the Speaker.
- BThe motion is investigated by a Committee of three (2 Judges of the Supreme Court and a distinguished Jurist).
- CIf the Committee finds the Judge guilty of misbehaviour or that he suffers from incapacity, the motion together with the report of the Committee is taken up for consideration in the House where the motion is pending.
- DThe Judge will be removed after the President gives his order for removal.
Explanation
Under the Judges (Inquiry) Act, 1968, a motion for removing a Supreme Court Judge must be signed by 100 members of the Lok Sabha or 50 members of the Rajya Sabha, not 100 members of both Houses, and it is addressed to the Speaker or the Chairman respectively. Statement A misstates both the numbers and the addressee, so it is not correct. Statements B, C and D correctly describe the three-member inquiry committee (two Supreme Court Judges and a distinguished jurist), the procedure on its report, and removal by the President's order. Hence A is the answer.