GENERAL KNOWLEDGE

GK

RTI ACT 2005

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
What among the following statements is NOT true about the procedure to remove the judge of a Supreme Court of India?
A
There are only two grounds of removal : incapacity or proved misbehavior
B
The procedure for the removal of the judges is regulated by the Judges Enquiry Act (1968)
C
The judge of the Supreme Court may be removed from his current office by an order of the President
D
All of the above are true
Explanation: 

Detailed explanation-1: -A judge of Supreme Court of India may be removed from office through a motion adopted by Parliament on grounds of ‘proven misbehaviour or incapacity’. However, the Constitution of India does not defines or provide any details of what constitutes ‘incapacity and proved misbehaviour’. Hence, statement 2 is not correct.

Detailed explanation-2: -The procedure relating to the removal of a judge of the Supreme Court is regulated by the Judges Inquiry Act, 1968, by the process of impeachment.

Detailed explanation-3: -Removal of Supreme Court Judge of India is being done by passing notice of motion in either house of the Parliament. For the notice to get passed in the lower house of the Parliament, that is, the Lok Sabha submission of declaration to the speaker with the sign of at least 100 members of the lower house is required.

Detailed explanation-4: -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.

There is 1 question to complete.