UPSC Prelims 2019 · GS Paper I
Question 46: Polity and Governance
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 ‘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?
AnswerUPSC’s answer is (c).
Statements 3 and 4 are correct. Removal of a Supreme Court judge is under Article 124(4), and the detailed procedure is in the Judges (Inquiry) Act, 1968. The motion needs a special majority in each House: a majority of the total membership of the House and at least two-thirds of those present and voting. The Speaker or Chairman may admit or refuse the motion, so statement 1 is false. The Constitution does not define incapacity or proved misbehaviour, so statement 2 is false.
- 1. The Speaker may admit or refuse to admit the motion.
- 2. The Constitution does not define incapacity or proved misbehaviour.
- 3. The Judges (Inquiry) Act, 1968 lays down the procedure.
- 4. A special majority is needed in each House.
How you could have got this
- If you were sure statement 1 is not correct, (a) and (d) go: each of them includes 1.
What you needed to know: The Speaker may admit or refuse to admit the motion.
- Then, if you were sure statement 4 is correct, (b) goes: it leaves 4 out.
What you needed to know: A special majority is needed in each House.
Only (c) is left. You didn’t need statements 2 or 3.
Which options go is worked out from UPSC’s key and the options, not by a model.
Why each option is right or wrong
- (a) Statements 1 and 2 are both false.
- (b) Statement 4 is also correct.
- (c) Correct: statements 3 and 4 hold.
- (d) Statement 1 is false: the Speaker can refuse to admit the motion.
Answer: UPSC’s key. Explanation: written by UPSC Grade, not by UPSC.
Source: UPSC, Civil Services (Preliminary) Examination 2019, General Studies Paper I, Series A. The paper on upsc.gov.in.