Judiciary · Removal of judges
Q1. The process of removing a judge of the Supreme Court is known by what name?
- (a) Recall ( Pratyahva )
- (b) Judicial Review
- (c) Impeachment ( Mahabhiyog )
- (d) Dismissal by the President
Answer & solution
Answer: (c) Impeachment ( Mahabhiyog )
Correct Answer: Impeachment ( Mahabhiyog ) — Option (c)
The process of removing a Supreme Court judge is called Impeachment ( महाभियोग ). About Impeachment of Supreme Court Judges (Article 124(4)): Constitutional provision: Article 124(4) of the Indian Constitution; Grounds: Proved misbehaviour or incapacity; Process: An address is presented by each House of Parliament (Lok Sabha and Rajya Sabha); Special majority required: Majority of total membership of each House AND 2/3 majority of members present and voting in each House; Both Houses must pass the address in the SAME session; After both Houses pass the address, the President issues the removal order; The Judges Enquiry Act, 1968 regulates the procedure: A motion (impeachment motion) must be signed by at least 100 members of Lok Sabha OR 50 members of Rajya Sabha; The Speaker/Chairman admits or rejects the motion; If admitted, a 3-member inquiry committee is formed (Chief Justice/SC judge + HC Chief Justice + a distinguished jurist); The committee investigates the charges; Historical note: No Supreme Court judge has ever been successfully impeached in India. The only attempt was against Justice V. Ramaswami (1993) — the motion failed as the ruling party abstained; About other processes: Recall ( Pratyahva ): A political mechanism to recall elected representatives — NOT applicable to judges; Judicial Review: The power of courts to review laws/government actions — it's a court power, not a removal process; Presidential dismissal: The President can remove judges only after the Parliament's address — not independently.
Option (a) Recall ( Pratyahva ) — Incorrect: Recall is a process used in some democracies to remove elected representatives before their term ends — it does NOT apply to Supreme Court judges in India; the correct process for removing SC judges is Impeachment. The candidate selected this incorrect option.
Option (b) Judicial Review — Incorrect: Judicial Review is the power of courts (especially the Supreme Court) to examine whether laws passed by Parliament or actions of the executive are constitutional — it is a court power, NOT the process of removing a judge.
Option (d) Dismissal by the President — Incorrect: While the President issues the final removal order, a judge cannot be simply 'dismissed by the President' at will; the removal requires an address passed by both Houses of Parliament with a special majority — the process is called Impeachment, not dismissal.
The process of removing a Supreme Court judge is called Impeachment ( महाभियोग ). About Impeachment of Supreme Court Judges (Article 124(4)): Constitutional provision: Article 124(4) of the Indian Constitution; Grounds: Proved misbehaviour or incapacity; Process: An address is presented by each House of Parliament (Lok Sabha and Rajya Sabha); Special majority required: Majority of total membership of each House AND 2/3 majority of members present and voting in each House; Both Houses must pass the address in the SAME session; After both Houses pass the address, the President issues the removal order; The Judges Enquiry Act, 1968 regulates the procedure: A motion (impeachment motion) must be signed by at least 100 members of Lok Sabha OR 50 members of Rajya Sabha; The Speaker/Chairman admits or rejects the motion; If admitted, a 3-member inquiry committee is formed (Chief Justice/SC judge + HC Chief Justice + a distinguished jurist); The committee investigates the charges; Historical note: No Supreme Court judge has ever been successfully impeached in India. The only attempt was against Justice V. Ramaswami (1993) — the motion failed as the ruling party abstained; About other processes: Recall ( Pratyahva ): A political mechanism to recall elected representatives — NOT applicable to judges; Judicial Review: The power of courts to review laws/government actions — it's a court power, not a removal process; Presidential dismissal: The President can remove judges only after the Parliament's address — not independently.
Option (a) Recall ( Pratyahva ) — Incorrect: Recall is a process used in some democracies to remove elected representatives before their term ends — it does NOT apply to Supreme Court judges in India; the correct process for removing SC judges is Impeachment. The candidate selected this incorrect option.
Option (b) Judicial Review — Incorrect: Judicial Review is the power of courts (especially the Supreme Court) to examine whether laws passed by Parliament or actions of the executive are constitutional — it is a court power, NOT the process of removing a judge.
Option (d) Dismissal by the President — Incorrect: While the President issues the final removal order, a judge cannot be simply 'dismissed by the President' at will; the removal requires an address passed by both Houses of Parliament with a special majority — the process is called Impeachment, not dismissal.