Constitutional Provisions

According to article 124(1), There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than thirty-three other Judges. Thus, the Constitution vests the authority to increase the number of Judges in the Parliament.

**Statement 1 is incorrect:** The Judges (Inquiry) Act, 1968, explicitly gives the Speaker of the Lok Sabha (or the Chairman of the Rajya Sabha) the discretion to either admit or refuse to admit a motion for the removal of a judge. If the motion is not in order or is deemed frivolous, the Speaker can reject it at the initial stage itself. This power was notably exercised by the Chairman of the Rajya Sabha in 2018 when he rejected an impeachment motion against the then Chief Justice of India. **Statement 2 is incorrect:** The terms "incapacity" and "proven misbehaviour", which are grounds for the removal of a judge under Article 124(4) of the Constitution, are not explicitly defined in the Constitution. Their interpretation has evolved through judicial pronouncements and parliamentary discussions. **Statement 3 is correct:** The constitutional provisions related to the removal of judges are found in Articles 124(4), 124(5), 217, and 218. Additionally, the process is governed by the Judges (Inquiry) Act, 1968, which outlines the procedural framework for investigating misconduct and incapacity. **Statement 4 is correct:** As per Article 124(4) of the Constitution, for a motion seeking the removal of a Supreme Court or High Court judge to proceed, it must be passed by: - A majority of the total membership of the House, and - A majority of not less than two-thirds of the members present and voting.