Which of the following statements as per the Constitution of India arenot correct? 1. The President tenders his resignation to the Chief Justice of India. 2. The Vice-President tenders his resignation to the President of India. 3. The Comptroller and Auditor General of India is removed from his office in the like manner as the President of India. 4. A judge of the Supreme Court can resign his office by writing under his hand address to the Chief Justice of India. Select the correct answer using the code given below:
1, 3 and 4
Analyzing Constitutional Provisions for Officeholders
This question asks us to identify the statements that are incorrect regarding the Constitution of India, specifically concerning the resignation and removal processes of certain high officeholders: the President, the Vice-President, the Comptroller and Auditor General (CAG), and a Judge of the Supreme Court.
Let's examine each statement individually based on the constitutional provisions.
Statement 1: President's Resignation Process
The statement says: "The President tenders his resignation to the Chief Justice of India."
According to Article 56(1)(a) of the Constitution of India, the President may resign from office by writing under his hand addressed to the Vice-President. The Vice-President then communicates this to the Speaker of the House of the People (Lok Sabha).
Therefore, this statement is incorrect as the President addresses the resignation to the Vice-President, not the Chief Justice of India.
Statement 2: Vice-President's Resignation Process
The statement says: "The Vice-President tenders his resignation to the President of India."
Article 67(a) of the Constitution of India states that the Vice-President may resign from office by writing under his hand addressed to the President.
Therefore, this statement is correct as the Vice-President addresses the resignation to the President.
Statement 3: CAG's Removal Process
The statement says: "The Comptroller and Auditor General of India is removed from his office in the like manner as the President of India."
Article 148(1) of the Constitution states that the Comptroller and Auditor General shall be removed from office only in like manner and on the like grounds as a Judge of the Supreme Court.
The removal process for a President (impeachment under Article 61) is different from the removal process for a Supreme Court Judge (address by Parliament under Article 124(4)). Since the CAG is removed like a Supreme Court Judge, not like the President, this statement is incorrect.
Statement 4: Supreme Court Judge's Resignation Process
The statement says: "A judge of the Supreme Court can resign his office by writing under his hand address to the Chief Justice of India."
Article 124(2)(a) of the Constitution of India provides that a Judge of the Supreme Court may resign from office by writing under his hand addressed to the President.
Therefore, this statement is incorrect as a Supreme Court Judge addresses the resignation to the President, not the Chief Justice of India.
Summary of Correctness:
- Statement 1: Incorrect
- Statement 2: Correct
- Statement 3: Incorrect
- Statement 4: Incorrect
The question asks which of the statements are not correct. Based on our analysis, statements 1, 3, and 4 are incorrect.
| Office | Statement | Constitutional Provision | Correct Recipient/Process | Statement Status |
|---|---|---|---|---|
| President | Resigns to Chief Justice | Article 56(1)(a) | Vice-President (Resignation) | Incorrect |
| Vice-President | Resigns to President | Article 67(a) | President (Resignation) | Correct |
| CAG | Removed like President | Article 148(1) | Like a Supreme Court Judge (Removal) | Incorrect |
| Supreme Court Judge | Resigns to Chief Justice | Article 124(2)(a) | President (Resignation) | Incorrect |
Thus, the statements that are not correct are 1, 3, and 4.
Revision Table: Key Constitutional Officeholder Processes
| Office | Resignation Addressed To | Removal Process | Relevant Article(s) |
|---|---|---|---|
| President | Vice-President | Impeachment by Parliament | Article 56, Article 61 |
| Vice-President | President | Resolution passed by Rajya Sabha and agreed to by Lok Sabha | Article 67 |
| Comptroller and Auditor General (CAG) | — | Like a Judge of the Supreme Court (Address by Parliament) | Article 148, Article 124(4) |
| Judge of the Supreme Court | President | Address by Parliament | Article 124(2)(a), Article 124(4) |
Additional Information on Removal Processes
The Constitution provides specific and often rigorous processes for removing high constitutional functionaries to ensure their independence and stability in office.
- Presidential Impeachment: This is a quasi-judicial process initiated by either House of Parliament for violation of the Constitution. It requires a resolution passed by a two-thirds majority of the total membership of that House, after which the other House investigates the charge. If the charge is sustained and a resolution is passed by a two-thirds majority of the total membership of the investigating House, the President stands removed.
- Removal of Supreme Court/High Court Judges and CAG: This process is similar for Judges of the Supreme Court, Judges of the High Courts, and the Comptroller and Auditor General. It involves an address passed by both Houses of Parliament, supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting. This address is presented to the President, who then issues an order for removal. The grounds for removal are proven misbehaviour or incapacity.
Understanding these specific procedures and the correct recipients for resignations is crucial for comprehending the structure and functioning of India's constitutional framework.
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