UPSC Exam > UPSC Questions > Consider the following statements :1. The mot...
Start Learning for Free
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 Supreme Court of Indian 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.
Q. Which of the statements given above is/are correct?
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 Supreme Court of Indian 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.
Q. Which of the statements given above is/are correct?
- a)1 and 2
- b)3 Only
- c)3 and 4 only
- d)1, 3 & 4 Only
Correct answer is option 'C'. Can you explain this answer?
| FREE This question is part of | Download PDF Attempt this Test |
Verified Answer
Consider the following statements :1. The motion to impeach a Judge of...
The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a judge of the Supreme Court by the process of impeachment. Hence, statement 3 is correct.
- A removal motion signed by 100 members (in the case of Lok Sabha) or 50 members (in the case of Rajya Sabha) is to be given to the Speaker/Chairman.
- The Speaker/Chairman may admit the motion or refuse to admit it. Hence statement 1 is not correct.
- If it is admitted, then the Speaker/Chairman is to constitute a three-member committee to investigate into the charges.
- The committee should consist of (a) the chief justice or a judge of the Supreme Court, (b) a chief justice of a high court, and (c) a distinguished jurist.
- If the committee finds the judge to be guilty of misbehaviour or suffering from an incapacity, the House can take up the consideration of the motion.
- After the motion is passed by each House of Parliament by special majority, an address is presented to the president for removal of the judge. Hence, Statement 4 is correct. Statement 1 is incorrect and 4 is correct by elimination we can see that only option C is correct.
- Finally, the president passes an order removing the judge.
Statement 2 is not correct: The constitution nowhere defines the term "incapacity and proved misbehaviour".
Most Upvoted Answer
Consider the following statements :1. The motion to impeach a Judge of...
Constitutes an impeachable offence for Judges of the Supreme Court.
Both statements are correct.
Explanation:
1. The Judges (Inquiry) Act, 1968, provides for the procedure for the investigation and proof of misbehaviour or incapacity of Judges of the Supreme Court and High Courts. It also sets out the process for impeachment of Judges. According to Section 3(1) of the Act, a motion containing the charges of misbehaviour or incapacity against a Judge can be initiated in the Lok Sabha or the Rajya Sabha. If the motion is passed by a special majority (two-thirds of the members present and voting), it is then referred to an inquiry committee for investigation. The committee submits its report to the House, which can then consider the motion for removal. The Speaker of the Lok Sabha has no power to reject the motion to impeach a Judge once it has been admitted by the House, as per the provisions of the Act.
2. Article 124(4) of the Constitution of India defines what constitutes an impeachable offence for Judges of the Supreme Court. It states that a Judge shall not be removed from his office except by an order of the President passed after an address by each House of Parliament 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 has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity. The Constitution, however, does not provide a specific list of offences that would constitute misbehaviour or incapacity. It is left to the discretion of the Parliament to determine what constitutes such conduct.
Both statements are correct.
Explanation:
1. The Judges (Inquiry) Act, 1968, provides for the procedure for the investigation and proof of misbehaviour or incapacity of Judges of the Supreme Court and High Courts. It also sets out the process for impeachment of Judges. According to Section 3(1) of the Act, a motion containing the charges of misbehaviour or incapacity against a Judge can be initiated in the Lok Sabha or the Rajya Sabha. If the motion is passed by a special majority (two-thirds of the members present and voting), it is then referred to an inquiry committee for investigation. The committee submits its report to the House, which can then consider the motion for removal. The Speaker of the Lok Sabha has no power to reject the motion to impeach a Judge once it has been admitted by the House, as per the provisions of the Act.
2. Article 124(4) of the Constitution of India defines what constitutes an impeachable offence for Judges of the Supreme Court. It states that a Judge shall not be removed from his office except by an order of the President passed after an address by each House of Parliament 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 has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity. The Constitution, however, does not provide a specific list of offences that would constitute misbehaviour or incapacity. It is left to the discretion of the Parliament to determine what constitutes such conduct.
Attention UPSC Students!
To make sure you are not studying endlessly, EduRev has designed UPSC study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in UPSC.
|
Explore Courses for UPSC exam
|
|
Similar UPSC Doubts
Top Courses for UPSCView all
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 Supreme Court of Indian 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.Q. Which of the statements given above is/are correct?a)1 and 2b)3 Onlyc)3 and 4 onlyd)1, 3 & 4 OnlyCorrect answer is option 'C'. Can you explain this answer?
Question Description
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 Supreme Court of Indian 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.Q. Which of the statements given above is/are correct?a)1 and 2b)3 Onlyc)3 and 4 onlyd)1, 3 & 4 OnlyCorrect answer is option 'C'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about 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 Supreme Court of Indian 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.Q. Which of the statements given above is/are correct?a)1 and 2b)3 Onlyc)3 and 4 onlyd)1, 3 & 4 OnlyCorrect answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for 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 Supreme Court of Indian 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.Q. Which of the statements given above is/are correct?a)1 and 2b)3 Onlyc)3 and 4 onlyd)1, 3 & 4 OnlyCorrect answer is option 'C'. Can you explain this answer?.
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 Supreme Court of Indian 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.Q. Which of the statements given above is/are correct?a)1 and 2b)3 Onlyc)3 and 4 onlyd)1, 3 & 4 OnlyCorrect answer is option 'C'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about 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 Supreme Court of Indian 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.Q. Which of the statements given above is/are correct?a)1 and 2b)3 Onlyc)3 and 4 onlyd)1, 3 & 4 OnlyCorrect answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for 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 Supreme Court of Indian 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.Q. Which of the statements given above is/are correct?a)1 and 2b)3 Onlyc)3 and 4 onlyd)1, 3 & 4 OnlyCorrect answer is option 'C'. Can you explain this answer?.
Solutions for 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 Supreme Court of Indian 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.Q. Which of the statements given above is/are correct?a)1 and 2b)3 Onlyc)3 and 4 onlyd)1, 3 & 4 OnlyCorrect answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for UPSC.
Download more important topics, notes, lectures and mock test series for UPSC Exam by signing up for free.
Here you can find the meaning of 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 Supreme Court of Indian 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.Q. Which of the statements given above is/are correct?a)1 and 2b)3 Onlyc)3 and 4 onlyd)1, 3 & 4 OnlyCorrect answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of
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 Supreme Court of Indian 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.Q. Which of the statements given above is/are correct?a)1 and 2b)3 Onlyc)3 and 4 onlyd)1, 3 & 4 OnlyCorrect answer is option 'C'. Can you explain this answer?, a detailed solution for 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 Supreme Court of Indian 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.Q. Which of the statements given above is/are correct?a)1 and 2b)3 Onlyc)3 and 4 onlyd)1, 3 & 4 OnlyCorrect answer is option 'C'. Can you explain this answer? has been provided alongside types of 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 Supreme Court of Indian 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.Q. Which of the statements given above is/are correct?a)1 and 2b)3 Onlyc)3 and 4 onlyd)1, 3 & 4 OnlyCorrect answer is option 'C'. Can you explain this answer? theory, EduRev gives you an
ample number of questions to practice 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 Supreme Court of Indian 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.Q. Which of the statements given above is/are correct?a)1 and 2b)3 Onlyc)3 and 4 onlyd)1, 3 & 4 OnlyCorrect answer is option 'C'. Can you explain this answer? tests, examples and also practice UPSC tests.
|
|
Explore Courses for UPSC exam
|
|
Suggested Free Tests
Signup for Free!
Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
|
© EduRev
|
Education Revolution
|
Follow Us
|
Signup to see your scores
go up within 7 days!
Access 1000+ FREE Docs, Videos and Tests
Takes less than 10 seconds to signup