Which one of the following statements with 9 regard to the impeachment of a Judge of the Supreme Cou...........

Indian Political System Judicial System

Which one of the following statements with 9. regard to the impeachment of a Judge of the Supreme Court of India is not correct ?

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CAPF 2023 Paper-1

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A motion addressed to the President, signed by at least 100 members of both the Houses of the Parliament is delivered to the Speaker.

The motion is investigated by a Committee of three (2 Judges of the Supreme Court and a distinguished Jurist).

If the Committee finds the Judge guilty of misbehaviour or that he suffers from incapacity, the motion together with the report of the Committee is taken up for consideration in the House where the motion is pending.

The Judge will be removed after the President gives his order for removal.

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Explanation:

A motion addressed to the President, signed by at least 100 members of both the Houses of the Parliament is delivered to the Speaker.

The constitution provides that a judge can be removed only by an order of the president, based on a motion passed by both houses of parliament.
The procedure for removal of judges is elaborated in the Judges Inquiry Act, 1968. The Act sets out the following steps for removal from office:
Under the Act, an impeachment motion may originate in either house of parliament. To initiate proceedings:
(i) at least 100 members of Lok Sabha may give a signed notice to the speaker,
or (ii) at least 50 members of Rajya Sabha may give a signed notice to the chairman.
The speaker or chairman may consult individuals and examine relevant material related to the notice. Based on this, he or she may decide to either admit the motion or refuse to admit it.

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