Solved previous year question from the OPSC OAS/OCS 2024 Preliminary Examination (General Studies), with the official answer key and a detailed explanation.
Question
Consider the following statements:
a) Under Article 124(4) of the Indian Constitution, a Supreme Court Judge can be impeached.
b) The ground for impeachment of a Judge pertains to ‘incapacity and proven misbehavior’.
c) A minimum of 100 MPs are required to initiate the impeachment motion in the Lok Sabha.
d) The President can pardon the Judge.
Which of the following statements are INCORRECT?
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Answer & Explanation
Correct answer: (C) c and d
Statement a — CORRECT
Article 124(4) provides the constitutional basis for removal of a Supreme Court judge through a parliamentary address presented to the President, supported by a special majority in both Houses.
Statement b — CORRECT
The two constitutional grounds for removal under Article 124(4) are proved misbehaviour and incapacity. Both require a formal inquiry under the Judges (Inquiry) Act, 1968 before Parliament passes the address.
Statement c — INCORRECT
While 100 members is the threshold for Lok Sabha, the statement is incomplete and misleading. The impeachment motion can alternatively be initiated in Rajya Sabha with just 50 members. Presenting 100 MPs as the universal minimum ignores that both Houses have independent initiation powers with different thresholds — 100 for Lok Sabha and 50 for Rajya Sabha.
Statement d — INCORRECT
The President holds no power to pardon a judge facing impeachment. Article 72 pardon powers apply strictly to criminal convictions by courts of law. Impeachment is a constitutional-parliamentary removal process, entirely outside the scope of presidential clemency powers.
