The correct option is 1 only
Explanation
Under Article 124(4) of the Constitution of India, a judge of the Supreme Court can be removed from office by an order of the President only after an address by each House of Parliament supported by a special majority is presented to him in the same session. The grounds for removal are proved misbehaviour or incapacity. The procedure is regulated by the Judges (Inquiry) Act, 1968.
Statement-wise Analysis
- Statement 1 is Correct: To date, no judge of the Supreme Court has been removed from office. While removal proceedings have been initiated against certain judges, none have successfully completed the entire legislative process required for removal.
- Statement 2 is Incorrect: The removal motion against Justice V. Ramaswami (1991-1993) was the first such case in the Supreme Court's history. An inquiry committee found him guilty of misbehaviour. However, the motion was not passed by the Parliament. It was defeated in the Lok Sabha because the ruling Congress party abstained from voting, preventing the motion from securing the required two-thirds majority. Consequently, the motion never reached the President for assent or veto.
Key Takeaway
Key Takeaway: The removal of a Supreme Court judge requires a special majority in both Houses of Parliament. Although motions have been introduced (e.g., Justice V. Ramaswami, Justice Dipak Misra), no judge has ever been successfully removed under the provisions of the Constitution.