Consider the following statements:
- 1.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.
- 2.The Constitution of India defines and gives details of what constitutes 'incapacity and proved misbehaviour' of the Judges of the Supreme Court of India.
- 3.The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968.
- 4.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?
Answer & explanation
Answer: (c) 3 and 4 only
Statements 3 and 4 are correct. Article 124(4) sets the voting rule for removing a Supreme Court Judge and leaves the procedure to a law of Parliament, which is the Judges (Inquiry) Act, 1968. That Act lets the Speaker refuse to admit the motion, and the Constitution never defines 'misbehaviour'.
- ✗ 1. Under section 3 of the Judges (Inquiry) Act, 1968, the Speaker (or Chairman) may, after consulting such persons as he thinks fit, either admit the motion or refuse to admit it. So it can be rejected at that stage.
- ✗ 2. Article 124(4) speaks of 'proved misbehaviour or incapacity' but does not define either term. The Supreme Court has observed that 'misbehaviour' is advisedly not defined.
- ✓ 3. Article 124(5) lets Parliament regulate by law the presentation of the address and the investigation and proof of misbehaviour or incapacity. The Judges (Inquiry) Act, 1968 does this, including the inquiry committee.
- ✓ 4. Article 124(4) requires an address by each House, supported by a majority of the total membership of that House and by at least two-thirds of the members present and voting.
Remember · A Supreme Court Judge is removed by a Presidential order on an address of both Houses (special majority in each); the process is in the Judges (Inquiry) Act, 1968, and the Speaker may refuse to admit the motion.
Sources
- Constitution of India, Article 124(4) and (5) ↗ “supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting … Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of a Judge under clause (4).”
- 195th Report on the Judges (Inquiry) Bill, 2005, Law Commission of India ↗ “the Speaker or the Chairman, as the case may be, may after consulting such persons, if any, as he thinks fit and after considering such materials, if any, as may be available to him, either admit the motion or refuse to admit the same. … observed that the word ‘misbehaviour’ is advisedly not defined. It is a vague and elastic word”
Question and answer: UPSC's official GS Paper I (2019, Series A) — paper ↗ · answer key ↗. Explanation: Minimalist IAS, checked 30 Sept 2026 (how we verify). ·