Question
Download Solution PDFHow many Judges of the Supreme Court of India have been removed so far by the process of impeachment ?
This question was previously asked in
Uttarakhand Police Constable Official Paper (Held On: 18 Dec 2022)
Answer (Detailed Solution Below)
Option 4 : None
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Download Solution PDFThe correct answer is None.
Key Points
- As of October 2023, no judge of the Supreme Court of India has been removed from office through the impeachment process.
- The Constitution of India provides for the removal of Supreme Court judges through impeachment under Article 124(4) and Article 124(5).
- The procedure for impeachment involves a rigorous process that requires a two-thirds majority in both Houses of Parliament.
- Although there have been attempts, such as the case of Justice V. Ramaswami in 1993, no impeachment motion has been successfully passed to date.
Additional Information
- Article 124(4) and 124(5)
- Article 124(4) states that a Supreme Court judge can be removed on the grounds of proved misbehavior or incapacity.
- Article 124(5) provides the Parliament the power to regulate the procedure for the presentation of an address and for the investigation and proof of the misbehavior or incapacity of a judge.
- Impeachment Process
- The process begins with the presentation of a motion in either House of Parliament signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha.
- If the motion is admitted, an inquiry committee is formed to investigate the charges.
- If the committee finds the judge guilty, the motion is debated in both Houses of Parliament.
- The motion must be passed by a two-thirds majority in each House for the judge to be removed.
- Justice V. Ramaswami Case
- Justice V. Ramaswami was the first judge against whom impeachment proceedings were initiated in 1991.
- Despite the inquiry committee finding him guilty of misconduct, the motion failed to secure the required majority in the Lok Sabha in 1993.
- Judicial Independence
- The stringent impeachment process is designed to uphold the independence of the judiciary and prevent undue influence from the executive or legislature.
- It ensures that only serious and proven charges can lead to the removal of a judge.
Last updated on Feb 21, 2025
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