An address to the President for the removal of a judge of the Supreme Court must be supported in each House by
- A.a simple majority of the members present and voting
- B.a majority of the total membership of the House and two-thirds of the members present and voting
- C.two-thirds of the total membership of the House
- D.three-fourths of the members present and voting
Correct answer
Explanation
The correct answer is B. Article 124(4) provides that a judge of the Supreme Court may be removed by an order of the President only after an address by each House 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, is presented to the President in the same session, and only on the ground of proved misbehaviour or incapacity. Article 217(1)(b) applies the same procedure to a judge of a High Court. Option A is wrong because a simple majority is the requirement for ordinary business, not for removing a judge. Option C is wrong because two-thirds of the total membership is the majority prescribed for the President's impeachment under Article 61, not for a judge's removal. Option D is wrong because no provision of the Constitution prescribes a three-fourths majority for this purpose.
Read the full article: Constitutional Posts: Oath, Resignation and Removal
Practice Questions
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- A.156
- B.161
- C.165
- D.152
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Article 156 deals with the term of office of the Governor: clause (1) says that the Governor holds office during the pleasure of the President, clause (2) allows him to resign by writing addressed to the President, and clause (3) fixes his normal term at five years from the date…
Read the full explanation →The President of India addresses his resignation to which of the following?
- A.Chief Justice of India
- B.Vice-President of India
- C.Speaker of the Lok Sabha
- D.Prime Minister of India
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Article 56(1)(a) provides that the President may, by writing under his hand addressed to the Vice-President, resign his office, and the Vice-President must communicate the resignation forthwith to the Speaker of the Lok Sabha.
Read the full explanation →Who administers the oath of office to the President of India?
- A.Vice-President of India
- B.Speaker of the Lok Sabha
- C.Chief Justice of India
- D.Outgoing President
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Article 60 lays down the form of the President's oath and requires that it be made in the presence of the Chief Justice of India, or, in his absence, the senior-most judge of the Supreme Court available.
Read the full explanation →The oath of office to the Governor of a State is administered by which of the following?
- A.President of India
- B.Chief Justice of India
- C.Chief Justice of the High Court of that State
- D.Chief Minister of the State
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Article 159 requires every Governor, before entering upon his office, to make an oath in the presence of the Chief Justice of the High Court having jurisdiction in relation to that State, or, in his absence, the senior-most judge of that court available.
Read the full explanation →Under which Article of the Constitution is the procedure for the impeachment of the President of India laid down?
- A.Article 56
- B.Article 61
- C.Article 62
- D.Article 71
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Article 61 lays down the procedure for impeaching the President for violation of the Constitution: the charge must be preferred by either House after at least fourteen days' notice signed by not less than one-fourth of the members of that House, and must be passed by not less than two-thirds…
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