Consider the following statements:
1. The motion to impeach a Judge of the Supreme Court of India cannot be re

Question

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 or 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?

Accepted Answer

The Judges (Inquiry) Act, 1968, details the process for the investigation and impeachment of Supreme Court judges. It outlines the grounds for removal, which are 'proved misbehaviour' or 'incapacity'. The Constitution does not explicitly define these terms, leaving it to be interpreted in practice and through the provisions of the Act. The Act specifies the procedural requirements for filing a motion, its admission by the Speaker, and the subsequent steps involving investigation by a committee and voting in Parliament with specific majority thresholds.