Consider the following statements: 1. The motion to impeach a Judge of the Supreme Court of Indian 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 ‘incapacity and proved misbehaviour’ of the Judges of the Supreme Court of India. 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. 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 Which of the statements given above is/are correct?
Contents18
- A1 and 2
- B3 only
- C3 and 4 only
- D1, 3 and 4
Show answer
Answer: (C) 3 and 4 only
The correct answer is (C) — 3 and 4 only.
Statement 1 is wrong — the Speaker CAN reject an impeachment motion.
Statement 2 is wrong — the Constitution does not define what exactly constitutes 'incapacity' or 'proved misbehaviour.'
Statement 3 is correct — the detailed impeachment process is laid out in the Judges (Inquiry) Act, 1968, including the formation of a three-member investigation committee.
Statement 4 is correct — the removal motion must be passed by a special majority in EACH House (majority of total membership AND two-thirds of members present and voting).
Tip: Judge impeachment needs a special majority in BOTH Houses. The Speaker can reject the motion at the initial stage.
Supreme Court judge impeachment requires a special majority in both Houses of Parliament - majority of total membership AND two-thirds of members present and voting.
The Constitution mentions judge removal for 'incapacity and proved misbehaviour' but does not define these terms, leaving interpretation to Parliament and the inquiry process.
UPSC is testing whether students know the Speaker has discretionary power to reject impeachment motions versus the detailed procedural requirements once a motion is admitted.
Judicial Impeachment Process
Indian Polity impeachment Judge Supreme Court motion
Impeachment of Supreme Court & High Court Judges: Constitutional Process & UPSC Traps
Only Parliament can remove SC/HC judges through impeachment for proved misbehaviour or incapacity
Speaker/Chairman can reject impeachment motion at initial stage if not in proper form
Removal requires special majority in BOTH Houses - majority of total membership + 2/3rd present & voting
Judges (Inquiry) Act, 1968 provides detailed procedure for impeachment process
Constitutional Foundation
Article 124(4) empowers Parliament to remove Supreme Court judges, while Article 218 covers High Court judges. The Constitution establishes the framework but delegates procedural details to parliamentary law.
Impeachment Procedure
%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
s1["`**Motion Introduction**
**100 Lok Sabha members** or **50 Rajya Sabha members** sign impeachment motion`"]
s2["`**Initial Screening**
**Speaker/Chairman** examines motion - can **reject if not in proper form**`"]
s3["`**Investigation Committee**
**3-member committee** formed (1 SC judge + 1 HC Chief Justice + 1 distinguished jurist)`"]
s4["`**Committee Report**
Committee investigates charges and submits findings to Parliament`"]
s5["`**Parliamentary Voting**
**Both Houses** must pass motion by **special majority** separately`"]
s6["`**Removal**
Judge removed from office after both Houses approve`"]
s1 --> s2
s2 --> s3
s3 --> s4
s4 --> s5
s5 --> s6Key Requirements
Aspect | Requirement | Authority |
|---|---|---|
Grounds | Proved misbehaviour OR incapacity | Article 124(4) |
Initiators | 100 LS members OR 50 RS members | Judges (Inquiry) Act |
Screening | Speaker/Chairman can reject motion | Parliamentary procedure |
Investigation | 3-member committee mandatory | Judges (Inquiry) Act |
Voting | Special majority in BOTH Houses | Constitution |
Critical Distinctions
Constitution vs Act: Constitution provides framework; Judges (Inquiry) Act, 1968 gives detailed procedure
Speaker's Power: Can reject motion at initial stage - not bound to admit every motion
Special Majority: Different from simple majority - requires majority of total strength + 2/3rd present & voting
Both Houses: Unlike some procedures, both Lok Sabha and Rajya Sabha must separately approve
No Definition: Constitution does not define what constitutes 'proved misbehaviour' or 'incapacity'
Trap: Statement says Speaker cannot reject impeachment motion - FALSE, Speaker has discretionary power
Trap: Constitution defines misbehaviour/incapacity - FALSE, Constitution only mentions these terms without definition
Trap: Simple majority sufficient for removal - FALSE, requires special majority in both Houses
Trap: Only one House needs to approve - FALSE, both Houses must pass separately
Trap: Judges (Inquiry) Act not needed - FALSE, Act provides essential procedural details
Parliamentary Majorities & Voting
Indian Polity majority two-thirds House Parliament
Types of Majorities in Parliament: Simple vs Special vs Effective Majority
Simple majority = more than 50% of members present and voting (most common)
Special majority = majority of total strength + 2/3rd of present & voting
Judge impeachment requires special majority in both Houses separately
Effective majority = majority of effective strength (total minus vacancies)
Understanding Majorities
Parliament uses different voting thresholds depending on the importance of the decision. Special majority ensures broader consensus for constitutional matters and judge removal.
Types of Majorities
Type | Calculation | Used For | Example |
|---|---|---|---|
Simple Majority | 50%+ of present & voting | Ordinary bills, budget | 26 out of 50 present |
Special Majority (Art 368) | Majority of total + 2/3 present & voting | Constitutional amendments | 272 out of 543 + 2/3 of present |
Special Majority (Impeachment) | Same as above but in BOTH Houses | Judge removal, President impeachment | Both LS & RS separately |
Effective Majority | 50%+ of effective strength | Confidence motions | Majority minus vacancies |
UPSC-Tested Applications
Judge Impeachment: Special majority in both Houses separately - cannot be combined
President Impeachment: Same special majority requirement as judges
Constitutional Amendment: Special majority but ratification by states may be additional requirement
Money Bills: Simple majority in Lok Sabha only - Rajya Sabha cannot reject
No-Confidence Motion: Simple majority but only in Lok Sabha
Trap: Judge impeachment needs simple majority - FALSE, requires special majority
Trap: One House approval sufficient - FALSE, both Houses must approve separately
Trap: 2/3rd of total membership required - FALSE, 2/3rd of present and voting members
Trap: Joint sitting possible for deadlock - FALSE, no joint sitting for impeachment
Trap: Same as constitutional amendment - PARTIAL, similar majority but both Houses mandatory
Judges (Inquiry) Act, 1968
Indian Polity Judges (Inquiry) Act 1968 process details
Judges (Inquiry) Act, 1968: Detailed Impeachment Procedure & Investigation
Judges (Inquiry) Act, 1968 provides detailed procedure for impeaching SC/HC judges
Establishes 3-member investigation committee with specific composition requirements
Specifies signature requirements: 100 LS members OR 50 RS members for motion
Defines investigation process but not the grounds for impeachment
Legislative Context
While Article 124(4) provides constitutional authority for judge removal, the Judges (Inquiry) Act, 1968 operationalizes this power by establishing detailed procedures that Parliament must follow.
Key Provisions of the Act
Provision | Requirement | Purpose |
|---|---|---|
Motion Signatures | 100 LS members OR 50 RS members | Ensures serious consideration |
Committee Composition | 1 SC Judge + 1 HC CJ + 1 Distinguished Jurist | Expert investigation |
Investigation Powers | Quasi-judicial powers to examine evidence | Fair procedure |
Committee Report | Findings submitted to Parliament | Informed voting |
Timeline | No specific time limit mentioned | Thorough investigation |
Investigation Committee Structure
# 3-Member Investigation Committee
## Supreme Court Judge
- Nominated by CJI
- Judicial expertise
- Constitutional authority
## High Court Chief Justice
- Senior judicial officer
- Administrative experience
- Peer assessment
## Distinguished Jurist
- Legal expertise
- Independent perspective
- Public credibilityWhat the Act Does NOT Cover
No definition of 'proved misbehaviour' or 'incapacity' - left to committee's judgment
No time limit for investigation - committee works at its own pace
No appeal mechanism against committee findings
No interim suspension provision for judge under investigation
No compensation provisions for false accusations
Trap: Act defines misbehaviour/incapacity - FALSE, Constitution and Act both silent on definitions
Trap: Only constitutional provisions govern - FALSE, Act provides essential details
Trap: Committee has only advisory role - FALSE, committee findings are crucial for Parliament
Trap: Single member can initiate motion - FALSE, needs 100 LS or 50 RS members
Speaker & Chairman Powers
Indian Polity Speaker cannot be rejected
Powers of Speaker & Rajya Sabha Chairman: Procedural Control & Discretion
Speaker/Chairman can reject motions if not in proper form or procedure
Presiding officers act as gatekeepers for parliamentary business and procedure
Discretionary powers include deciding admissibility of questions, motions, and amendments
Gatekeeping Role
The Speaker and Rajya Sabha Chairman ensure parliamentary procedures are followed correctly. They have discretionary power to reject motions that don't meet procedural requirements.
Key Powers of Presiding Officers
Power | Speaker (Lok Sabha) | Chairman (Rajya Sabha) | Significance |
|---|---|---|---|
Motion Screening | Can reject improper motions | Can reject improper motions | Quality control |
Question Hour | Decides question admissibility | Decides question admissibility | Parliamentary oversight |
Debate Control | Maintains order, allocates time | Maintains order, allocates time | Efficient proceedings |
Casting Vote | In case of tie | No casting vote | Decision making |
Impeachment Motion | Can reject if improper form | Can reject if improper form | Procedural safeguard |
Rejection Criteria
Insufficient signatures - Motion lacks required number of supporting members
Improper format - Motion not drafted according to parliamentary rules
Frivolous content - Motion lacks substantial grounds for impeachment
Procedural violations - Motion submitted through wrong channel or timing
Trap: Speaker bound to admit every impeachment motion - FALSE, has discretionary power to reject
Trap: Only Parliament can reject motion - FALSE, Speaker/Chairman can reject at initial stage
Trap: No screening of motions - FALSE, procedural screening is mandatory function