Judges of the Supreme Courts are removed by the Parliament. (State with reasons whether the given statement is true or false.)
Answers
This statement is TRUE
Reason:
The procedure for the removal of a judge of the Supreme Court is mentioned in Article 124 (4) of the Constitution, while the provision for the removal of a Judge of a High Court is mentioned in Article 217 (1) (b) of the Constitution.
Article 124 (4) of the Constitution states, 'No Judge of the Supreme Court shall be removed from his post unless the total number of members of each House of Parliament is removed by virtue of proven misconduct or incapacity. Incumbency supported by a majority of the members and at least two-thirds majority of the members present and voting, President when placed in the same session before the President Has not been ordered. "
To initiate the process for the removal of a judge of the Supreme Court or High Court, a motion must be moved by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha. If the motion is accepted by the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha, they constitute an inquiry committee.
This inquiry committee consists of three members - a judge of the Supreme Court, a chief justice of a high court and a well-known jurist. This committee fixes the charge and the concerned judge is asked to answer in writing.
The judge also has the right to test the witnesses. After investigation, the committee decides whether the allegations are true and then finally submits its report.
If the inquiry committee does not find the judge guilty then no further action is taken. If they find him guilty, then the House of Parliament, which introduced the proposal, may consider moving the motion.
The motion is then discussed and the judge or his representative has the right to present his case. After that there is a vote on the proposal. If the motion is supported by a majority of the total members of the House and at least two-thirds of the members present and voting, it is deemed to have passed.
This process is then repeated in the other house also. After that, the House sends the President an inclusion and asks him to remove the judge from the post.