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Consider the following statements regarding the appointment and removal process of judges in India:
1. A judge of the Supreme Court or High Court can be removed only on the ground of proven misbehavior.
2. Executive plays a crucial role in making appointments of judges.
3. So far, only one case of the removal of a judge of the Supreme Court came up for consideration before Parliament.
Which of the above statements is/are correct?
  • a)
    1 and 2 only
  • b)
    3 only
  • c)
    2 and 3 only
  • d)
    1, 2 and 3
Correct answer is option 'C'. Can you explain this answer?
Verified Answer
Consider the following statements regarding the appointment and remova...
  • Statement 1 is incorrect: A judge of the Supreme Court or High Court can be removed only on the grounds of proven misbehavior or incapacity.
Supplementary notes:
Judiciary
  • The process of  Appointment and  Removal of Judges:
  • A judge of the Supreme Court or High Court can be removed only on the ground of proven misbehavior or incapacity.
  • In making appointments, the Executive plays a crucial role; the Legislature has the powers of removal. This has ensured both the balance of power and independence of the Judiciary.
  • So far, only one case (V. Ramaswamy case in 1983) of the removal of a judge of the Supreme Court came up for consideration before Parliament. In that case, though the motion got a twothirds majority, it did not have the support of the majority of the total strength of the House and therefore, the judge was not removed.
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Most Upvoted Answer
Consider the following statements regarding the appointment and remova...
Statement 1: A judge of the Supreme Court or High Court can be removed only on the ground of proven misbehavior.

This statement is correct. According to the Constitution of India, a judge of the Supreme Court or High Court can be removed from office only on the ground of proven misbehavior or incapacity. The removal process is initiated through a motion in either the Lok Sabha (for Supreme Court judges) or the relevant State Legislative Assembly (for High Court judges). The motion must be supported by a majority of the total membership of the house and by a majority of not less than two-thirds of the members present and voting.

Statement 2: Executive plays a crucial role in making appointments of judges.

This statement is correct. The executive branch of the government, represented by the President of India, plays a crucial role in the appointment of judges. The President appoints judges to the Supreme Court and High Courts after consulting with the Chief Justice of India and the Governor of the respective state. The executive also plays a role in the initial selection process through the collegium system, where the Chief Justice of India and a group of senior judges recommend suitable candidates for appointment.

Statement 3: So far, only one case of the removal of a judge of the Supreme Court came up for consideration before Parliament.

This statement is correct. As of now, only one case of the removal of a judge of the Supreme Court has come up for consideration before Parliament. In 2011, Justice Soumitra Sen of the Calcutta High Court faced impeachment proceedings in Parliament on charges of misappropriation of funds. The motion for his removal was passed by both houses of Parliament, and he subsequently resigned before the impeachment process could be completed. This case highlighted the process of removal of judges and the role of Parliament in the same.

Conclusion:

In conclusion, all three statements are correct. The appointment and removal process of judges in India involves proven misbehavior as the grounds for removal, a crucial role for the executive in appointments, and so far, only one case of removal coming up for consideration before Parliament. These processes are designed to ensure the independence and integrity of the judiciary in India.
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Consider the following statements regarding the appointment and remova...
C
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Consider the following statements regarding the appointment and removal process of judges in India:1. A judge of the Supreme Court or High Court can be removed only on the ground of proven misbehavior.2. Executive plays a crucial role in making appointments of judges.3. So far, only one case of the removal of a judge of the Supreme Court came up for consideration before Parliament.Which of the above statements is/are correct?a)1 and 2 onlyb)3 onlyc)2 and 3 onlyd)1, 2 and 3Correct answer is option 'C'. Can you explain this answer?
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Consider the following statements regarding the appointment and removal process of judges in India:1. A judge of the Supreme Court or High Court can be removed only on the ground of proven misbehavior.2. Executive plays a crucial role in making appointments of judges.3. So far, only one case of the removal of a judge of the Supreme Court came up for consideration before Parliament.Which of the above statements is/are correct?a)1 and 2 onlyb)3 onlyc)2 and 3 onlyd)1, 2 and 3Correct 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 regarding the appointment and removal process of judges in India:1. A judge of the Supreme Court or High Court can be removed only on the ground of proven misbehavior.2. Executive plays a crucial role in making appointments of judges.3. So far, only one case of the removal of a judge of the Supreme Court came up for consideration before Parliament.Which of the above statements is/are correct?a)1 and 2 onlyb)3 onlyc)2 and 3 onlyd)1, 2 and 3Correct 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 regarding the appointment and removal process of judges in India:1. A judge of the Supreme Court or High Court can be removed only on the ground of proven misbehavior.2. Executive plays a crucial role in making appointments of judges.3. So far, only one case of the removal of a judge of the Supreme Court came up for consideration before Parliament.Which of the above statements is/are correct?a)1 and 2 onlyb)3 onlyc)2 and 3 onlyd)1, 2 and 3Correct answer is option 'C'. Can you explain this answer?.
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