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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 ca...
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
- 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.
- 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.
- 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.
- 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 ca...
Analysis of the Statements
To evaluate the correctness of the statements about the judges of the Supreme Court, let's analyze each one:
Statement 1: Resignation Procedure
- A judge of the Supreme Court can indeed resign his office, but the correct procedure is to submit a resignation letter to the President of India, not to the Chief Justice of India.
- Therefore, this statement is incorrect.
Statement 2: Removal Process
- The removal of a Supreme Court judge is not solely based on the recommendation of the Chief Justice of India. The process for removing a judge is detailed in Article 124(4) and Article 124(5) of the Constitution of India.
- The removal must follow a parliamentary process, requiring a two-thirds majority in both Houses of Parliament after an inquiry into the allegations. Thus, this statement is also incorrect.
Statement 3: Grounds for Removal
- The grounds for the removal of a Supreme Court judge are indeed "proved misbehavior or incapacity." This is explicitly stated in Article 124(4) of the Constitution.
- Hence, this statement is correct.
Conclusion
- After analyzing all three statements, only Statement 3 is correct.
- Therefore, the correct answer is option 'C': "3 only."
These insights should help clarify the processes and regulations governing the Supreme Court judges in India, essential knowledge for UPSC aspirants.
To evaluate the correctness of the statements about the judges of the Supreme Court, let's analyze each one:
Statement 1: Resignation Procedure
- A judge of the Supreme Court can indeed resign his office, but the correct procedure is to submit a resignation letter to the President of India, not to the Chief Justice of India.
- Therefore, this statement is incorrect.
Statement 2: Removal Process
- The removal of a Supreme Court judge is not solely based on the recommendation of the Chief Justice of India. The process for removing a judge is detailed in Article 124(4) and Article 124(5) of the Constitution of India.
- The removal must follow a parliamentary process, requiring a two-thirds majority in both Houses of Parliament after an inquiry into the allegations. Thus, this statement is also incorrect.
Statement 3: Grounds for Removal
- The grounds for the removal of a Supreme Court judge are indeed "proved misbehavior or incapacity." This is explicitly stated in Article 124(4) of the Constitution.
- Hence, this statement is correct.
Conclusion
- After analyzing all three statements, only Statement 3 is correct.
- Therefore, the correct answer is option 'C': "3 only."
These insights should help clarify the processes and regulations governing the Supreme Court judges in India, essential knowledge for UPSC aspirants.
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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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