Consider the following statements : a) Under Article 124(4) of the Indian Constitution, a Supreme Court Judge can be impeached. b) The ground for impeachment of a Judge pertains to 'incapacity and proven misbehavior'. c) A minimum of 100 MPs are required to initiate the impeachment motion in the Lok Sabha. d) The President can pardon the Judge. Which of the following statements are IN CORRECT?
Impeachment of Supreme Court Judges: Statement Analysis
This question asks us to identify the incorrect statements regarding the impeachment (removal) process of a Supreme Court Judge in India. Let's analyze each statement:
Statement Analysis
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Statement a) Under Article 124(4) of the Indian Constitution, a Supreme Court Judge can be impeached.
Article 124(4) of the Constitution outlines the procedure for the removal of a Supreme Court judge. While the Constitution uses the term 'removal', the process is commonly understood as impeachment. Therefore, this statement is essentially correct in its implication.
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Statement b) The ground for impeachment of a Judge pertains to 'incapacity and proven misbehavior'.
Article 124(4) explicitly states that a Supreme Court judge can be removed on the grounds of 'proved misbehaviour or incapacity'. This statement accurately reflects the constitutional grounds for removal. Thus, it is correct.
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Statement c) A minimum of 100 MPs are required to initiate the impeachment motion in the Lok Sabha.
This statement is incorrect. To initiate the removal process in the Lok Sabha, the motion must be supported by at least 50 members of the House. If the motion is taken up in the Rajya Sabha, it requires the support of at least 20 members.
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Statement d) The President can pardon the Judge.
This statement is incorrect. The President's power to grant pardon under Article 72 of the Constitution applies to offenses punishable by law. However, the removal of a Supreme Court judge is a specific constitutional process (impeachment) and not a criminal offense that can be pardoned by the President.
Identifying Incorrect Statements
Based on the analysis above:
- Statement (c) is incorrect regarding the number of MPs required in the Lok Sabha.
- Statement (d) is incorrect because the President's pardon power does not apply to the impeachment process.
Therefore, the incorrect statements are 'c' and 'd'.
Conclusion on Incorrect Statements
The question asks which statements are incorrect. Statements (c) and (d) are factually incorrect according to the procedures and constitutional provisions governing the removal of Supreme Court judges.
Important Questions from Judiciary-Supreme Court & High Courts
- Under Article 32 in which case ‘Wilful non-compliance' with court order was declared as contempt of the court?
Which one of the following statements is not correct?
(a) The Supreme Court of India is a Court of Record.
(b) High Courts in India are Courts of Record.
(c) Subordinate Courts in India are Courts of Record.
(d) All Courts in India are not Courts of Record.- Which one of the following subjects fall within the jurisdiction of both High Court and Supreme Court
- Given below are two statements, one is labelled as Assertion (A) and the other as Reason (R).
Assertion (A): Public Interest Litigation in India is essential for the rule of law.
Reason (R): Public Interest Litigation provides effective access of Justice to socially and economically weaker sections.
Select the correct answer from the code given below: - Which one of the following Article of Indian constitution provides that the law declared by the Supreme Court shall be binding on all courts within the territory of India?
