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Consider the following statements:
1. The judge of the Supreme Court can resign his office by writing to the Chief Justice of India.
2. The judge of the Supreme Court can be removed from his office by the President on the recommendation of the Chief Justice of India.
3. The Removal of a Supreme Court judge is based on two grounds - proved misbehaviour or incapacity.
Which of the statements given above is / are correct?
- a)1 only
- b)2 only
- c)3 only
- d)1, 3 only
Correct answer is option 'C'. Can you explain this answer?
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Consider the following statements:1. The judge of the Supreme Court c...
The Constitution provides that a judge can be removed only by an order of the President, based on a motion passed by both Houses of Parliament. The procedure for removal of judges is elaborated in the Judges Inquiry Act, 1968. The Act sets out the following steps for removal from office
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1. Under the Act, an impeachment motion may originate in either House of Parliament. To initiate proceedings: (i) at least 100 members of Lok Sabha may give a signed notice to the Speaker, or (ii) at least 50 members of Rajya Sabha may give a signed notice to the Chairman. The Speaker or Chairman may consult individuals and examine relevant material related to the notice. Based on this, he or she may decide to either admit the motion or refuse to admit it.
2. If the motion is admitted, the Speaker or Chairman (who receives it) will constitute a three-member committee to investigate the complaint. It will comprise: (i) a Supreme Court judge; (ii) Chief Justice of a High Court; and (iii) a distinguished jurist. The committee will frame charges based on which the investigation will be conducted. A copy of the charges will be forwarded to the judge who can present a written defence.
3. After concluding its investigation, the Committee will submit its report to the Speaker or Chairman, who will then lay the report before the relevant House of Parliament. If the report records a finding of misbehaviour or incapacity, the motion for removal will be taken up for consideration and debated.
4. The motion for removal is required to be adopted by each House of Parliament by: (i) a majority of the total membership of that House; and (ii) a majority of at least two-thirds of the members of that House present and voting. If the motion is adopted by this majority, the motion will be sent to the other House for adoption. Once the motion is adopted in both Houses, it is sent to the President, who will issue an order for the removal of the judge.
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Consider the following statements:1. The judge of the Supreme Court c...
Statement 1: The judge of the Supreme Court can resign his office by writing to the Chief Justice of India.
This statement is correct. According to Article 124(2) of the Constitution of India, a judge of the Supreme Court can resign his office by writing to the President. However, it is customary for the judge to write to the Chief Justice of India, who then forwards the resignation to the President.
Statement 2: The judge of the Supreme Court can be removed from his office by the President on the recommendation of the Chief Justice of India.
This statement is incorrect. According to Article 124(4) of the Constitution of India, a judge of the Supreme Court can be removed from his office only 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 recommendation of the Chief Justice of India is not required for the removal of a Supreme Court judge.
Statement 3: The removal of a Supreme Court judge is based on two grounds - proved misbehaviour or incapacity.
This statement is correct. Article 124(4) of the Constitution of India states that a judge of the Supreme Court can be removed on the ground of proved misbehaviour or incapacity. However, it is important to note that the process for removal is elaborate and requires the support of both Houses of Parliament as mentioned in the previous statement.
In conclusion, statement 1 is correct as a judge of the Supreme Court can resign his office by writing to the Chief Justice of India. Statement 2 is incorrect as the removal of a Supreme Court judge requires an address by each House of Parliament and does not solely depend on the recommendation of the Chief Justice of India. Statement 3 is correct as the removal of a Supreme Court judge is based on proved misbehaviour or incapacity. Therefore, the correct answer is option C - 3 only.
This statement is correct. According to Article 124(2) of the Constitution of India, a judge of the Supreme Court can resign his office by writing to the President. However, it is customary for the judge to write to the Chief Justice of India, who then forwards the resignation to the President.
Statement 2: The judge of the Supreme Court can be removed from his office by the President on the recommendation of the Chief Justice of India.
This statement is incorrect. According to Article 124(4) of the Constitution of India, a judge of the Supreme Court can be removed from his office only 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 recommendation of the Chief Justice of India is not required for the removal of a Supreme Court judge.
Statement 3: The removal of a Supreme Court judge is based on two grounds - proved misbehaviour or incapacity.
This statement is correct. Article 124(4) of the Constitution of India states that a judge of the Supreme Court can be removed on the ground of proved misbehaviour or incapacity. However, it is important to note that the process for removal is elaborate and requires the support of both Houses of Parliament as mentioned in the previous statement.
In conclusion, statement 1 is correct as a judge of the Supreme Court can resign his office by writing to the Chief Justice of India. Statement 2 is incorrect as the removal of a Supreme Court judge requires an address by each House of Parliament and does not solely depend on the recommendation of the Chief Justice of India. Statement 3 is correct as the removal of a Supreme Court judge is based on proved misbehaviour or incapacity. Therefore, the correct answer is option C - 3 only.
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Consider the following statements:1. The judge of the Supreme Court can resign his office by writing to the Chief Justice of India.2. The judge of the Supreme Court can be removed from his office by the President on the recommendation of the Chief Justice of India.3. The Removal of a Supreme Court judge is based on two grounds - proved misbehaviour or incapacity.Which of the statements given above is / are correct?a) 1 onlyb) 2 onlyc) 3 onlyd) 1, 3 onlyCorrect answer is option 'C'. Can you explain this answer?
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Consider the following statements:1. The judge of the Supreme Court can resign his office by writing to the Chief Justice of India.2. The judge of the Supreme Court can be removed from his office by the President on the recommendation of the Chief Justice of India.3. The Removal of a Supreme Court judge is based on two grounds - proved misbehaviour or incapacity.Which of the statements given above is / are correct?a) 1 onlyb) 2 onlyc) 3 onlyd) 1, 3 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 judge of the Supreme Court can resign his office by writing to the Chief Justice of India.2. The judge of the Supreme Court can be removed from his office by the President on the recommendation of the Chief Justice of India.3. The Removal of a Supreme Court judge is based on two grounds - proved misbehaviour or incapacity.Which of the statements given above is / are correct?a) 1 onlyb) 2 onlyc) 3 onlyd) 1, 3 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 judge of the Supreme Court can resign his office by writing to the Chief Justice of India.2. The judge of the Supreme Court can be removed from his office by the President on the recommendation of the Chief Justice of India.3. The Removal of a Supreme Court judge is based on two grounds - proved misbehaviour or incapacity.Which of the statements given above is / are correct?a) 1 onlyb) 2 onlyc) 3 onlyd) 1, 3 onlyCorrect answer is option 'C'. Can you explain this answer?.
Consider the following statements:1. The judge of the Supreme Court can resign his office by writing to the Chief Justice of India.2. The judge of the Supreme Court can be removed from his office by the President on the recommendation of the Chief Justice of India.3. The Removal of a Supreme Court judge is based on two grounds - proved misbehaviour or incapacity.Which of the statements given above is / are correct?a) 1 onlyb) 2 onlyc) 3 onlyd) 1, 3 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 judge of the Supreme Court can resign his office by writing to the Chief Justice of India.2. The judge of the Supreme Court can be removed from his office by the President on the recommendation of the Chief Justice of India.3. The Removal of a Supreme Court judge is based on two grounds - proved misbehaviour or incapacity.Which of the statements given above is / are correct?a) 1 onlyb) 2 onlyc) 3 onlyd) 1, 3 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 judge of the Supreme Court can resign his office by writing to the Chief Justice of India.2. The judge of the Supreme Court can be removed from his office by the President on the recommendation of the Chief Justice of India.3. The Removal of a Supreme Court judge is based on two grounds - proved misbehaviour or incapacity.Which of the statements given above is / are correct?a) 1 onlyb) 2 onlyc) 3 onlyd) 1, 3 onlyCorrect answer is option 'C'. Can you explain this answer?.
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