UPSC CSE Prelims
Question 93
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 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?
View correct answer and explanation
Correct answer: C
Correct Option: C
Explanation:
Under the Judges (Inquiry) Act, the Speaker may admit or refuse an impeachment notice. The Constitution states grounds but does not define them exhaustively; the 1968 Act governs inquiry and each House must approve the special-majority motion.
Statement / Pair Analysis:
1 (Incorrect): The Lok Sabha Speaker may reject an impeachment motion notice under the Act.
2 (Incorrect): The Constitution mentions “proved misbehaviour or incapacity” without detailing complete definitions.
3 (Correct): The Judges (Inquiry) Act, 1968 prescribes the investigation procedure.
4 (Correct): Article 124(4) requires a majority of total House membership plus two-thirds of those present and voting in each House.
Option-wise Analysis:
A (Incorrect): It includes false item 1 (The Lok Sabha Speaker may reject an impeachment motion notice under the Act); includes false item 2 (The Constitution mentions “proved misbehaviour or incapacity” without detailing complete…); omits true item 3 (The Judges (Inquiry) Act, 1968 prescribes the investigation procedure); omits true item 4 (Article 124(4) requires a majority of total House membership plus two-thirds of those present and…).
B (Incorrect): It omits true item 4 (Article 124(4) requires a majority of total House membership plus two-thirds of those present and…).
C (Correct): Includes all and only the true statements/pairs.
D (Incorrect): It includes false item 1 (The Lok Sabha Speaker may reject an impeachment motion notice under the Act).