Which of the following statements is correct? |
Only Statement 'A' is correct. Only Statement 'B' is correct. Both Statements are correct. Both Statements are incorrect. |
Only Statement 'A' is correct. |
The correct answer is Option 1- Only Statement 'A' is correct. Statement A- The removal of judges of the Supreme Court and the High Courts is also extremely difficult.
The removal of judges of the Supreme Court and the High Courts is also extremely difficult. A judge of the Supreme Court or High Court can be removed only on the ground of proven misbehaviour or incapacity. A motion containing the charges against the judge must be approved by special majority in both Houses of the Parliament. It is clear from this procedure that removal of a judge is a very difficult procedure and unless there is a general consensus among Members of the Parliament, a judge cannot be removed. It should also be noted that while in making appointments, the executive plays a crucial role; the legislature has the powers of removal. This has ensured both balance of power and independence of the judiciary. So far, only one case of removal of a judge of the Supreme Court came up for consideration before Parliament. In that case, though the motion got two-thirds majority, it did not have the support of the majority of the total strength of the House and therefore, the judge was not removed. |