Correct Option (c)
Explanation
Statement 3 is correct. The Judges (Inquiry) Act, 1968, lays down the detailed procedure for the investigation and removal of a judge of the Supreme Court or a High Court. This Act outlines the process, including the formation of a three-member committee to investigate the allegations of misbehaviour or incapacity.
Statement 4 is correct. Article 124(4) of the Constitution specifies the procedure for the removal of a judge. A resolution for removal must be passed by each House of Parliament, supported by:
- A majority of the total membership of that House.
- A majority of not less than two-thirds of the members of that House present and voting.
Incorrect Options
Statement 1 is incorrect. The Speaker of the Lok Sabha or the Chairman of the Rajya Sabha possesses the discretionary power to either admit or reject a motion for the removal of a Supreme Court judge. The Judges (Inquiry) Act, 1968, does not mandate the automatic admission of such a motion.
Statement 2 is incorrect. While Article 124(4) of the Constitution mentions 'incapacity' or 'proved misbehaviour' as grounds for the removal of a Supreme Court judge, the Constitution does not define these terms. Their interpretation is generally derived from parliamentary practice and judicial pronouncements.
Option (a) is incorrect because both statements 1 and 2 are incorrect.
Option (b) is incorrect because statement 4 is also correct, in addition to statement 3.
Option (d) is incorrect because statement 1 is incorrect.