Question

Two statements are given. Choose the correct option based on the statements
Statements :
1. A High Court Judge can be removed only by the President of India on grounds of proved misbehaviour or incapacity
2. The removal of a High Court Judge does not require a special majority in Parliament.

• A. Only the statement (1) is true
• B. Only the statement (2) is true
• C. Both statements (1) and (2) are true
• D. Both statements (1) and (2) are false

Hint:

A High Court Judge is removed in the exact same manner and on the exact same grounds as a Supreme Court Judge.
This requires a special majority in both Houses of Parliament followed by an order of the President.

Answer 1

The Correct Option is A

Step 1: Understanding the Question:
The question tests the candidate's knowledge of the constitutional procedure for the removal of a High Court Judge in India.
We need to evaluate the validity of the two statements provided.

Step 2: Key Concept or Approach:
Refer to Article 217(1)(b) and Article 124(4) of the Constitution of India, which detail the removal process of High Court and Supreme Court judges.

Step 3: Detailed Explanation:

• Let us evaluate

Statement 1: "A High Court Judge can be removed only by the President of India on grounds of proved misbehaviour or incapacity"
- Under

Article 217(1)(b), a High Court Judge may be removed from office by the President in the manner provided in Article 124(4) for the removal of a Supreme Court Judge.
- Article 124(4) specifies that the grounds for removal are strictly limited to "proved misbehaviour or incapacity".
- Therefore, Statement 1 is true.

• Let us evaluate

Statement 2: "The removal of a High Court Judge does not require a special majority in Parliament."
- Under

Article 124(4), the removal process requires an address by each House of Parliament supported by:
1. A majority of the total membership of that House.
2. A majority of not less than two-thirds of the members of that House present and voting.
- This is a classic definition of a special majority.
- The removal also follows the strict procedures of the Judges (Inquiry) Act, 1968.
- Therefore, the assertion that it does not require a special majority is false.

• Since Statement 1 is true and Statement 2 is false, the correct option is Option (A).


Step 4: Final Answer:
Only Statement 1 is true, which corresponds to Option (A).