| Which of the following statements regarding the removal of Supreme Court Judges are incorrect? |
| 1. Motion for removal of a Supreme Court Judge has to be signed by at least 50 members in Lok Sabha and 25 members in Rajya Sabha. |
| 2. Motion for removal of a judge can be refused to be admitted by the speaker even if signed by the requisite support. |
| 3. No Supreme Court judge has been impeached so far. |
| 4. Supreme Court judges can be removed only on grounds of proved misbehaviour or incapacity. |
| 5. Charges against the judge are investigated by a committee of one House of Parliament and supported by a special majority in the other. |
| Select the correct answer using the codes given below. |
A) 1, 2 and 3
B) 1 and 5
C) 2, 3 and 5
D) 3, 4 and 5
Correct Answer: B
Solution :
[b] Motion for removal of a Supreme Court judge actually requires to be signed by 100 members in Lok Sabha and 50 members in Rajya Sabha, before presentation to the Speaker or the Chairman of Rajya Sabha. Such a motion can be refused to be admitted by the Speaker or the Chairman in his discretion. No Supreme Court judge has been impeached so far. The grounds for removal of Supreme Court judges provided in the Constitution are only proved misbehaviour and incapacity. Under the Judges Inquiry Act proof of misbehaviour or incapacity has to be examined by an inquiry committee consisting of the Chief Justice or any other judge of the Supreme Court, Chief Justice of a High Court and one distinguished jurist. If the committee finds the judge to be guilty, then both Houses of Parliament have to pass the motion for the removal of the judge by a special majority.
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