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How can a judge of the Supreme Court be removed?
- a)By the Supreme Court itself
- b)By the Parliament through impeachment
- c)By the President alone
- d)By the Police
Correct answer is option 'B'. Can you explain this answer?
Verified Answer
How can a judge of the Supreme Court be removed?a)By the Supreme Court...
Removal. Per Article 124(4) of the constitution, President can remove a judge on proved misbehaviour or incapacity when parliament approves with a majority of the total membership of each house in favour of impeachment and not less than two thirds of the members of each house present.
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How can a judge of the Supreme Court be removed?a)By the Supreme Court...
The process of removing a judge of the Supreme Court in India is a complex and rigorous one. It is outlined in Article 124(4) of the Constitution of India, which states that a judge of the Supreme Court can only be removed 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 present and voting.
Here is a detailed explanation of the process:
Impeachment Process:
1. Initiation of the Process: The removal process can be initiated by either House of Parliament. A motion containing the charges against the judge can be introduced in either the Lok Sabha (House of People) or the Rajya Sabha (Council of States).
2. Motion for Investigation: If the motion is admitted, an investigation committee is formed to look into the charges. The committee consists of three members, including a Supreme Court judge, a High Court chief justice, and a distinguished jurist.
3. Investigation and Inquiry: The investigation committee conducts an inquiry into the charges and presents its report to the Parliament.
4. Passing the Address: After considering the report, the Parliament can proceed with the removal process. Both Houses of Parliament must pass an address to the President, stating the charges against the judge and seeking his/her removal.
5. President's Order: Upon receipt of the address, the President may pass an order for the removal of the judge. The order must be supported by a majority of the total membership of each House of Parliament, as well as a majority of not less than two-thirds of the members present and voting.
Importance of Parliament:
The process of removing a judge of the Supreme Court involves the Parliament because it ensures that the removal decision is not arbitrary or influenced by any single authority. The involvement of both Houses of Parliament, along with the requirement of a two-thirds majority, provides a system of checks and balances to safeguard the independence of the judiciary.
Conclusion:
In conclusion, a judge of the Supreme Court in India can only be removed through impeachment by the Parliament. This process ensures accountability and upholds the principles of judicial independence.
Here is a detailed explanation of the process:
Impeachment Process:
1. Initiation of the Process: The removal process can be initiated by either House of Parliament. A motion containing the charges against the judge can be introduced in either the Lok Sabha (House of People) or the Rajya Sabha (Council of States).
2. Motion for Investigation: If the motion is admitted, an investigation committee is formed to look into the charges. The committee consists of three members, including a Supreme Court judge, a High Court chief justice, and a distinguished jurist.
3. Investigation and Inquiry: The investigation committee conducts an inquiry into the charges and presents its report to the Parliament.
4. Passing the Address: After considering the report, the Parliament can proceed with the removal process. Both Houses of Parliament must pass an address to the President, stating the charges against the judge and seeking his/her removal.
5. President's Order: Upon receipt of the address, the President may pass an order for the removal of the judge. The order must be supported by a majority of the total membership of each House of Parliament, as well as a majority of not less than two-thirds of the members present and voting.
Importance of Parliament:
The process of removing a judge of the Supreme Court involves the Parliament because it ensures that the removal decision is not arbitrary or influenced by any single authority. The involvement of both Houses of Parliament, along with the requirement of a two-thirds majority, provides a system of checks and balances to safeguard the independence of the judiciary.
Conclusion:
In conclusion, a judge of the Supreme Court in India can only be removed through impeachment by the Parliament. This process ensures accountability and upholds the principles of judicial independence.
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How can a judge of the Supreme Court be removed?a)By the Supreme Court itselfb)By the Parliament through impeachmentc)By the President aloned)By the PoliceCorrect answer is option 'B'. Can you explain this answer? for UPSC 2026 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about How can a judge of the Supreme Court be removed?a)By the Supreme Court itselfb)By the Parliament through impeachmentc)By the President aloned)By the PoliceCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2026 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for How can a judge of the Supreme Court be removed?a)By the Supreme Court itselfb)By the Parliament through impeachmentc)By the President aloned)By the PoliceCorrect answer is option 'B'. Can you explain this answer?.
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