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Consider the following statements:
Which of the statements given above is/are correct?
1 and 2 only
3 only
3 and 4 only
1, 3 and 4
The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a judge of the Supreme Court by the process of impeachment. The speaker has the discretion to admit the removal motion or refuse to admit it. Therefore, statement 1 is incorrect.
The Constitution of India does not define and gives details of what Constitutes ‘incapacity and proved misbehaviour’ of the Judges of the Supreme Court of India. The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968.Therefore, statement 2 is incorrect and 3 is correct.
If it is admitted, then the Speaker/Chairman is to constitute a three-member committee to investigate into the charges. The committee should consist of (a) the chief justice or a judge of the Supreme Court, (b) a chief justice of a high court, and (c) a distinguished jurist. If the committee finds the judge to be guilty of misbehaviour or suffering from an incapacity, the House can take up the consideration of the motion.
After the motion is passed by each House of Parliament by a special majority (supported by a majority of total membership of that House and by not less than two-thirds of total members of that House present and voting). Therefore, Statement 4 is correct.
An address is presented to the president for removal of the judge. Finally, the president passes an order removing the judge.
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