A judge of the Supreme Court can be removed only on the grounds of ______.
- A.disrespect of the Constitution
- B.proven misbehaviour or incapacity
- C.murder charges
- D.lack of knowledge
Correct answer
Explanation
The correct answer is proven misbehaviour or incapacity. Under Article 124(4), a judge of the Supreme Court can be removed by an order of the President only after each House of Parliament, in the same session, presents an address supported by a majority of its total membership and by two-thirds of the members present and voting, on the ground of proved misbehaviour or incapacity. The Judges (Inquiry) Act, 1968 sets out how the charges are investigated by a three-member committee before Parliament votes.
The other options are not grounds recognised by the Constitution. "Disrespect of the Constitution" sounds close to the ground for impeaching the President, which is "violation of the Constitution", and that is the trap. Murder charges or lack of knowledge would have to be established as misbehaviour or incapacity through the same process; they are not separate grounds. The strict process protects judicial independence: no judge of the Supreme Court has ever been removed, and the first motion, against Justice V. Ramaswami in 1993, failed.
Read the full article: Supreme Court and High Courts of India: Notes, Articles and PYQs
Practice Questions
View allIn 1950, besides the chief justice of India, what was the number of other judges in the Supreme Court of India?
- A.Six
- B.Eight
- C.Seven
- D.Five
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When the Supreme Court began in 1950, Article 124(1) provided for a Chief Justice of India and not more than seven other judges, eight in all, "until Parliament by law prescribes a larger number".
Read the full explanation →According to a provision in Article 124 of the Constitution of India, a Supreme Court judge can hold office till the age of ______ years.
- A.62
- B.60
- C.65
- D.67
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Article 124(2) says a judge of the Supreme Court shall hold office until he or she attains the age of 65 years.
Read the full explanation →Under which jurisdiction of the Supreme Court the dispute between the centre and states are included?
- A.Original Jurisdiction
- B.Appellate Jurisdiction
- C.Advisory Jurisdiction
- D.Residuary Jurisdiction
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Under Article 131, the Supreme Court alone can hear, as a court of first instance, disputes between the Government of India and one or more States, between the Government of India and a State on one side and other States on the other, or between two or more States.
Read the full explanation →Which of the following articles of the Indian Constitution mentions the Supreme Court as a court of record?
- A.Article 129
- B.Article 123
- C.Article 127
- D.Article 125
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It declares that the Supreme Court shall be a court of record and shall have all the powers of such a court, including the power to punish for contempt of itself.
Read the full explanation →Which Article of the Indian Constitution empowers the Supreme Court to review its own judgements or orders?
- A.Article 138
- B.Article 135
- C.Article 136
- D.Article 137
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It gives the Supreme Court the power to review any judgment it has pronounced or any order it has made, subject to the provisions of any law made by Parliament and the rules made by the Court under Article 145.
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