{"id":91666,"date":"2025-06-01T11:02:14","date_gmt":"2025-06-01T11:02:14","guid":{"rendered":"https:\/\/exam.pscnotes.com\/mcq\/?p=91666"},"modified":"2025-06-01T11:02:14","modified_gmt":"2025-06-01T11:02:14","slug":"consider-the-following-statements-1-the-motion-to-impeach-a-judge","status":"publish","type":"post","link":"https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-the-motion-to-impeach-a-judge\/","title":{"rendered":"Consider the following statements:\n \n 1. The motion to impeach a Judge"},"content":{"rendered":"<p>Consider the following statements:<\/p>\n<ul>\n<li>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.<\/li>\n<li>2. The Constitution of India defines and gives details of what constitutes &#8216;incapacity and proved misbehaviour&#8217; of the Judges of the Supreme Court of India.<\/li>\n<li>3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968.<\/li>\n<li>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.<\/li>\n<\/ul>\n<p>Which of the statements given above is\/are correct?<\/p>\n<p>[amp_mcq option1=&#8221;1 and 2&#8243; option2=&#8221;3 only&#8221; option3=&#8221;3 and 4 only&#8221; option4=&#8221;1, 3 and 4&#8243; correct=&#8221;option3&#8243;]<\/p>\n<div class=\"psc-box-pyq-exam-year-detail\">\n<div class=\"pyq-exam\">\n<div class=\"psc-heading\">This question was previously asked in<\/div>\n<div class=\"psc-title line-ellipsis\">UPSC IAS &#8211; 2019<\/div>\n<\/div>\n<div class=\"pyq-exam-psc-buttons\"><a href=\"\/pyq\/pyq-upsc-ias-2019.pdf\" target=\"_blank\" class=\"psc-pdf-button\" rel=\"noopener\">Download PDF<\/a><a href=\"\/pyq-upsc-ias-2019\" target=\"_blank\" class=\"psc-attempt-button\" rel=\"noopener\">Attempt Online<\/a><\/div>\n<\/div>\n<section id=\"pyq-correct-answer\">\nStatements 3 and 4 are correct, while statements 1 and 2 are incorrect.<br \/>\n<\/section>\n<section id=\"pyq-key-points\">\n&#8211; Statement 1 is incorrect. As per the Judges (Inquiry) Act, 1968, the Speaker of Lok Sabha (or Chairman of Rajya Sabha) has the power to either admit the motion for impeachment or refuse to admit it if they are of the opinion that it does not comply with the provisions of the Act or is frivolous.<br \/>\n&#8211; Statement 2 is incorrect. The Constitution of India (Article 124(4)) specifies that a judge can be removed only on grounds of &#8216;proved misbehaviour or incapacity&#8217;. However, the Constitution does not define what constitutes &#8216;incapacity and proved misbehaviour&#8217;. This has been left to be determined by Parliament through law.<br \/>\n&#8211; Statement 3 is correct. The procedure for the investigation and proof of the misbehaviour or incapacity of a Supreme Court or High Court Judge for their removal is laid down in the Judges (Inquiry) Act, 1968.<br \/>\n&#8211; Statement 4 is correct. Article 124(4) read with Article 368 of the Constitution specifies that an impeachment motion against a judge requires a special majority: it must be passed by each House of Parliament 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.<br \/>\n<\/section>\n<section id=\"pyq-additional-information\">\nNo Supreme Court judge has been successfully impeached and removed from office in India so far, although impeachment proceedings have been initiated against several judges. The process involves presentation of a motion signed by 100 members of Lok Sabha or 50 members of Rajya Sabha, admission by the presiding officer, investigation by a committee, consideration of the committee&#8217;s report by Parliament, and finally, the passing of the removal motion by the prescribed special majority in both Houses.<br \/>\n<\/section>\n","protected":false},"excerpt":{"rendered":"<p>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 &#8216;incapacity and proved misbehaviour&#8217; of the Judges of the &#8230; <\/p>\n<p class=\"read-more-container\"><a title=\"Consider the following statements:\n \n 1. The motion to impeach a Judge\" class=\"read-more button\" href=\"https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-the-motion-to-impeach-a-judge\/#more-91666\">Detailed Solution<span class=\"screen-reader-text\">Consider the following statements:<\/p>\n<p> 1. The motion to impeach a Judge<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1092],"tags":[1119,1099,1180],"class_list":["post-91666","post","type-post","status-publish","format-standard","hentry","category-upsc-ias","tag-1119","tag-indian-polity-and-governance","tag-the-supreme-court","no-featured-image-padding"],"yoast_head":"<!-- This site is optimized with the Yoast SEO Premium plugin v22.2 (Yoast SEO v23.3) - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Consider the following statements:  1. The motion to impeach a Judge<\/title>\n<meta name=\"description\" content=\"Statements 3 and 4 are correct, while statements 1 and 2 are incorrect. - Statement 1 is incorrect. As per the Judges (Inquiry) Act, 1968, the Speaker of Lok Sabha (or Chairman of Rajya Sabha) has the power to either admit the motion for impeachment or refuse to admit it if they are of the opinion that it does not comply with the provisions of the Act or is frivolous. - Statement 2 is incorrect. The Constitution of India (Article 124(4)) specifies that a judge can be removed only on grounds of &#039;proved misbehaviour or incapacity&#039;. However, the Constitution does not define what constitutes &#039;incapacity and proved misbehaviour&#039;. This has been left to be determined by Parliament through law. - Statement 3 is correct. The procedure for the investigation and proof of the misbehaviour or incapacity of a Supreme Court or High Court Judge for their removal is laid down in the Judges (Inquiry) Act, 1968. - Statement 4 is correct. Article 124(4) read with Article 368 of the Constitution specifies that an impeachment motion against a judge requires a special majority: it must be passed by each House of Parliament 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.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-the-motion-to-impeach-a-judge\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Consider the following statements:  1. The motion to impeach a Judge\" \/>\n<meta property=\"og:description\" content=\"Statements 3 and 4 are correct, while statements 1 and 2 are incorrect. - Statement 1 is incorrect. As per the Judges (Inquiry) Act, 1968, the Speaker of Lok Sabha (or Chairman of Rajya Sabha) has the power to either admit the motion for impeachment or refuse to admit it if they are of the opinion that it does not comply with the provisions of the Act or is frivolous. - Statement 2 is incorrect. The Constitution of India (Article 124(4)) specifies that a judge can be removed only on grounds of &#039;proved misbehaviour or incapacity&#039;. However, the Constitution does not define what constitutes &#039;incapacity and proved misbehaviour&#039;. This has been left to be determined by Parliament through law. - Statement 3 is correct. The procedure for the investigation and proof of the misbehaviour or incapacity of a Supreme Court or High Court Judge for their removal is laid down in the Judges (Inquiry) Act, 1968. - Statement 4 is correct. Article 124(4) read with Article 368 of the Constitution specifies that an impeachment motion against a judge requires a special majority: it must be passed by each House of Parliament 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.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-the-motion-to-impeach-a-judge\/\" \/>\n<meta property=\"og:site_name\" content=\"MCQ and Quiz for Exams\" \/>\n<meta property=\"article:published_time\" content=\"2025-06-01T11:02:14+00:00\" \/>\n<meta name=\"author\" content=\"rawan239\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"rawan239\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"2 minutes\" \/>\n<!-- \/ Yoast SEO Premium plugin. -->","yoast_head_json":{"title":"Consider the following statements:  1. The motion to impeach a Judge","description":"Statements 3 and 4 are correct, while statements 1 and 2 are incorrect. - Statement 1 is incorrect. As per the Judges (Inquiry) Act, 1968, the Speaker of Lok Sabha (or Chairman of Rajya Sabha) has the power to either admit the motion for impeachment or refuse to admit it if they are of the opinion that it does not comply with the provisions of the Act or is frivolous. - Statement 2 is incorrect. The Constitution of India (Article 124(4)) specifies that a judge can be removed only on grounds of 'proved misbehaviour or incapacity'. However, the Constitution does not define what constitutes 'incapacity and proved misbehaviour'. This has been left to be determined by Parliament through law. - Statement 3 is correct. The procedure for the investigation and proof of the misbehaviour or incapacity of a Supreme Court or High Court Judge for their removal is laid down in the Judges (Inquiry) Act, 1968. - Statement 4 is correct. Article 124(4) read with Article 368 of the Constitution specifies that an impeachment motion against a judge requires a special majority: it must be passed by each House of Parliament 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.","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-the-motion-to-impeach-a-judge\/","og_locale":"en_US","og_type":"article","og_title":"Consider the following statements:  1. The motion to impeach a Judge","og_description":"Statements 3 and 4 are correct, while statements 1 and 2 are incorrect. - Statement 1 is incorrect. As per the Judges (Inquiry) Act, 1968, the Speaker of Lok Sabha (or Chairman of Rajya Sabha) has the power to either admit the motion for impeachment or refuse to admit it if they are of the opinion that it does not comply with the provisions of the Act or is frivolous. - Statement 2 is incorrect. The Constitution of India (Article 124(4)) specifies that a judge can be removed only on grounds of 'proved misbehaviour or incapacity'. However, the Constitution does not define what constitutes 'incapacity and proved misbehaviour'. This has been left to be determined by Parliament through law. - Statement 3 is correct. The procedure for the investigation and proof of the misbehaviour or incapacity of a Supreme Court or High Court Judge for their removal is laid down in the Judges (Inquiry) Act, 1968. - Statement 4 is correct. Article 124(4) read with Article 368 of the Constitution specifies that an impeachment motion against a judge requires a special majority: it must be passed by each House of Parliament 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.","og_url":"https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-the-motion-to-impeach-a-judge\/","og_site_name":"MCQ and Quiz for Exams","article_published_time":"2025-06-01T11:02:14+00:00","author":"rawan239","twitter_card":"summary_large_image","twitter_misc":{"Written by":"rawan239","Est. reading time":"2 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-the-motion-to-impeach-a-judge\/","url":"https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-the-motion-to-impeach-a-judge\/","name":"Consider the following statements: 1. The motion to impeach a Judge","isPartOf":{"@id":"https:\/\/exam.pscnotes.com\/mcq\/#website"},"datePublished":"2025-06-01T11:02:14+00:00","dateModified":"2025-06-01T11:02:14+00:00","author":{"@id":"https:\/\/exam.pscnotes.com\/mcq\/#\/schema\/person\/5807dafeb27d2ec82344d6cbd6c3d209"},"description":"Statements 3 and 4 are correct, while statements 1 and 2 are incorrect. - Statement 1 is incorrect. As per the Judges (Inquiry) Act, 1968, the Speaker of Lok Sabha (or Chairman of Rajya Sabha) has the power to either admit the motion for impeachment or refuse to admit it if they are of the opinion that it does not comply with the provisions of the Act or is frivolous. - Statement 2 is incorrect. The Constitution of India (Article 124(4)) specifies that a judge can be removed only on grounds of 'proved misbehaviour or incapacity'. However, the Constitution does not define what constitutes 'incapacity and proved misbehaviour'. This has been left to be determined by Parliament through law. - Statement 3 is correct. The procedure for the investigation and proof of the misbehaviour or incapacity of a Supreme Court or High Court Judge for their removal is laid down in the Judges (Inquiry) Act, 1968. - Statement 4 is correct. Article 124(4) read with Article 368 of the Constitution specifies that an impeachment motion against a judge requires a special majority: it must be passed by each House of Parliament 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.","breadcrumb":{"@id":"https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-the-motion-to-impeach-a-judge\/#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-the-motion-to-impeach-a-judge\/"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-the-motion-to-impeach-a-judge\/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/exam.pscnotes.com\/mcq\/"},{"@type":"ListItem","position":2,"name":"UPSC IAS","item":"https:\/\/exam.pscnotes.com\/mcq\/category\/upsc-ias\/"},{"@type":"ListItem","position":3,"name":"Consider the following statements: 1. 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