PRS · Ministry of Parliamentary Affairs ·

Explainer: Removal of Judges from Office

Distilled Policy Brief

  • Judges of the Supreme Court and High Courts may be removed from office through a motion adopted by Parliament on grounds of proven misbehaviour or incapacity under Articles 124 and 218.

🎯 Prelims High-Yield Examination Points

Removal of Supreme Court and High Court judges requires a motion passed in each House of Parliament by a majority of total membership and at least two-thirds of members present and voting, based on an order of the President.

⚖️ Mains Analytical & Syllabus Linkages

Analyze the constitutional and statutory mechanisms governing the removal of judges in India, highlighting the checks and balances embedded within the Judges Inquiry Act, 1968.

🎯 UPSC Prelims Practice Drill

Polity & Governance

With reference to the removal of judges of the Supreme Court and High Courts in India, consider the following statements: 1. The term 'impeachment' is explicitly used in the Constitution of India for the removal of judges under Articles 124 and 218. 2. An impeachment motion to remove a Supreme Court judge can originate in either House of Parliament. 3. The detailed procedure for the removal of judges is regulated by the Judges Inquiry Act, 1968. Which of the statements given above are correct?

  • [A] 1 and 2 only
  • [B] 2 and 3 only
  • [C] 1 and 3 only
  • [D] 1, 2 and 3
▶ Reveal Official Answer & Analytical Explanation
✓ Correct Option: [B] 2 and 3 only

The Constitution of India does not use the word 'impeachment' for the removal of judges, though it is colloquially used for proceedings under Articles 124 and 218; hence statement 1 is incorrect. An impeachment motion may originate in either House of Parliament, requiring signed notices by at least 100 members of Lok Sabha or 50 members of Rajya Sabha; hence statement 2 is correct. The statutory procedure for investigating charges of misbehaviour or incapacity against judges is elaborated under the Judges Inquiry Act, 1968; hence statement 3 is correct.

Tark High-Yield Question Bank ⚡ Practice Full Test in Testing Arena ↗

🏛️ Historical Twin PYQ Anchor (2021)

UPSC Prelims 2021

Consider the following statements regarding the "National Clean Air Programme (NCAP)": 1. It is implemented by the Ministry of Environment, Forest and Climate Change. 2. Central Pollution Control Board acts as the sole regulatory executive body.

Forensic Anchor: Cabinet Allocation of Business Rules & NCAP Framework
Examiner Trap Takeaway: UPSC swapped Central Pollution Control Board role with State Pollution Control Boards for state-level monitoring.

📚 Static Syllabus & Constitutional Linkages

Removal of Supreme Court and High Court Judges: Indian Polity by M. Laxmikanth - Chapter on Judiciary, detailing the removal motion, grounds, and the Judges Inquiry Act.