Question

Statement 1: The impeachment of the President of India under Article 61 requires a special majority defined as two-thirds of the members present and voting in each House.
Statement 2: The removal of a Supreme Court judge requires a special majority defined as a majority of the total membership of each House and a two-thirds majority of the members present and voting.

Which of the following statements are true?

• A. Both statements are true
• B. Both statements are false
• C. Only Statement 1 is true
• D. Only Statement 2 is true

Answer 1

Answer:

D. Only Statement 2 is true

Special Majorities in the Indian Parliament

• The Indian Constitution prescribes different types of majorities for passing various resolutions and bills, with 'special majority' being crucial for certain sensitive matters like constitutional amendments, impeachment, and removal of high-ranking officials.

• Understanding these specific majorities is vital for competitive exams.

Impeachment of the President of India (Article 61)

• Grounds: The President can be impeached only for 'violation of the Constitution'. This is the sole ground mentioned in Article 61.

• Initiation: The impeachment charges can be initiated in either House of Parliament (Lok Sabha or Rajya Sabha).

• Notice Requirement: A 14-day notice must be given to the President. This notice must be signed by at least one-fourth (1/4th) of the total members of the House initiating the charges.

• Majority for Passage: The resolution for impeachment must be passed by a special majority, which means a majority of not less than two-thirds (2/3rd) of the total membership of that House. This is a crucial distinction from 'members present and voting'.

• Process: After being passed by one House, the charges are investigated by the other House. If the other House also passes the resolution by the same special majority (two-thirds of the total membership), the President stands impeached from the date the resolution is passed.

• Key Fact: To date, no President of India has ever been impeached.

• Statement 1 Analysis: Statement 1 incorrectly states that the impeachment requires two-thirds of the 'members present and voting'. The correct requirement under Article 61 is 'two-thirds of the total membership of the House'. Hence, Statement 1 is false.

Removal of a Supreme Court Judge (Article 124(4) and (5))

• Grounds: A Supreme Court Judge can be removed by an order of the President only on the grounds of 'proved misbehaviour or incapacity'.

• Initiation of Motion: A motion for removal can be initiated in either House of Parliament.

  • In Lok Sabha, it needs the signatures of 100 members.

  • In Rajya Sabha, it needs the signatures of 50 members.

• Judges Inquiry Act, 1968: This Act regulates the procedure for the investigation and presentation of an address by Parliament for the removal of a judge. An inquiry committee is formed to investigate the charges.

• Majority for Passage: The address seeking the removal of a judge must be passed by a special majority in each House of Parliament. This special majority involves two conditions:

  • A majority of the total membership of that House.

  • AND a majority of not less than two-thirds (2/3rd) of the members of that House present and voting.

• Presidential Order: Once the address is passed by both Houses with this combined special majority, it is presented to the President, who then issues an order for the removal of the judge.

• Key Fact: No Supreme Court or High Court judge has been removed by impeachment in India so far, although removal proceedings have been initiated against a few judges (e.g., Justice V. Ramaswami in 1991-93 and Justice Soumitra Sen in 2011).

• Statement 2 Analysis: Statement 2 accurately describes the special majority required for the removal of a Supreme Court judge, combining 'a majority of the total membership' and 'a two-thirds majority of the members present and voting'. Hence, Statement 2 is true.