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A notice of motion for removing a judge of the Supreme Court or a High Court, if given in the Lok Sabha, must be signed by at least:

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Answer: Option C — 100 members

Detailed Solution

Under the Judges (Inquiry) Act, a motion for the removal of a judge of the Supreme Court or a High Court, if initiated in the Lok Sabha, must be signed by at least 100 members.

Procedure for removal:

  • The notice of motion is given to the Speaker, signed by the required number of members.
  • The Speaker may admit the motion or refuse to admit it.
  • If it is admitted, the Speaker constitutes a three-member committee to investigate the charges.
  • The committee consists of the Chief Justice of India or a judge of the Supreme Court, a Chief Justice of a High Court, and a distinguished jurist.
  • If the committee finds the judge guilty, the House can take up the motion.
  • The motion must be passed by each House by a majority of the total membership and by two-thirds of the members present and voting.
  • An address is then presented to the President, who passes the order of removal.

Constitutional basis:

  • Article 124(4) and (5) deal with the removal of Supreme Court judges.
  • The same procedure applies to High Court judges under Article 217.
  • The detailed procedure is laid down in the Judges (Inquiry) Act.

Impeachment cases in India:

Justice V. Ramaswami of the Supreme Court was the first judge against whom removal proceedings were started, in 1991 to 1993. The motion failed in the Lok Sabha because the ruling party abstained.

In 2011, the Rajya Sabha passed a motion for the removal of Justice Soumitra Sen of the Calcutta High Court, but he resigned before the Lok Sabha took it up.

No judge has been removed by this process so far.

Independence of judges:

The difficult procedure for removal protects judges from political pressure.

Why not the other options?

  • ✗150 members and one-fourth of the members are not the requirement for removing a judge.
  • ✗One-fourth is the requirement for the notice of impeachment of the President.

Quick tip

Remember: Removal motion of a judge in the Lok Sabha = signed by 100 members; then a three-member inquiry committee.

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Judiciary — Preparation

This question tests your understanding of Judiciary, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.

This topic covers the Indian judiciary: the Supreme Court, High Courts and subordinate courts, the appointment and removal of judges, the collegium system, original, appellate and advisory jurisdiction, judicial review, public interest litigation, and bodies such as Lok Adalats and tribunals. Exams test the article that establishes the Supreme Court (Article 124), its advisory jurisdiction (Article 143), the power of High Courts to issue writs (Article 226), and the process for removing judges. Landmark judgments and the first holders of key judicial posts are also common, especially in law entrance exams such as CLAT and MAH LAW CET. Practise the judiciary questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.

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