In the removal of which of the following officials does the Parliament NOT play any role ? 1. Judges of the High Court 2. Judges of the Supreme Court 3. Chairman of the Union Public Service Commission 4. Comptroller and Auditor General of India Choose the correct answer from the codes given below.
- (a)1 and 2 only
- (b)3 and 4 only
- (c)1, 2 and 3 only
- (d)3 only
Correct — D, 3 only. The Chairman of the UPSC is the single official in whose removal Parliament has no role. Under Article 317, a UPSC Chairman or member can be removed only by the President on the ground of proven misbehaviour, and only after the Supreme Court — on a reference by the President — holds an inquiry and upholds the cause; no parliamentary address is required. By contrast, Judges of the Supreme Court and High Courts are removed by the President only after an address supported by a special majority of each House of Parliament (Articles 124(4) and 217 read with 218), and the Comptroller and Auditor General is removed 'in like manner as a Judge of the Supreme Court' (Article 148) — again through a parliamentary address. So Parliament is involved for 1, 2 and 4, but not for 3.
- (a)1 and 2 only — Both High Court and Supreme Court judges are removed through a parliamentary address, so Parliament DOES play a role in their removal — they cannot be the Parliament-free officials.
- (b)3 and 4 only — The CAG (4) is removed in the same manner as a Supreme Court judge, i.e., by an address of both Houses (Article 148), so Parliament IS involved; only 3 is Parliament-free.
- (c)1, 2 and 3 only — Judges (1 and 2) are removed via a parliamentary address, so including them among the Parliament-free officials is wrong; only the UPSC Chairman (3) qualifies.
Removal procedures for high constitutional functionaries differ. The 'address by Parliament' route — a special majority of each House in the same session — applies to Supreme Court judges (Article 124(4)), High Court judges (Article 217/218) and the CAG (Article 148, 'like manner as a Supreme Court judge'). The UPSC Chairman and members follow Article 317 instead: removal by the President for misbehaviour only after a Supreme Court inquiry — a judicial safeguard rather than a parliamentary one.
The question rewards knowing WHO is removed by a parliamentary address versus by other machinery. Judges (SC and HC) and the CAG share the address route; the UPSC Chairman is the outlier, protected by a Supreme Court inquiry under Article 317 with no parliamentary involvement. That makes statement 3 the only correct one, so the answer is (d) 3 only.
- Supreme Court judge — removed by the President after an address of both Houses (special majority), Article 124(4)
- High Court judge — same removal procedure as a Supreme Court judge, Article 217/218
- CAG — removed 'in like manner as a Supreme Court judge' (parliamentary address), Article 148
- UPSC Chairman/member — removed by the President only after a Supreme Court inquiry (Article 317); Parliament has NO role
- Assuming the CAG's removal is like the UPSC's — the CAG actually follows the judges' parliamentary-address route
- Confusing who APPOINTS (President) with who REMOVES/inquires (Supreme Court under Article 317 for the UPSC)
UPSC/UPPSC test which functionaries share the 'address by Parliament' removal route, and single out the UPSC Chairman (Article 317, Supreme Court inquiry) as the exception.
Consider the following statements: 1. The mode of removal of a Judge of a High Court in India is the same as that of removal of a Judge of the Supreme Court. 2. After retirement from office, a permanent Judge of a High Court cannot plead or act in any court or before any authority in India. Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer(a) 1 only
Same concept — removal procedures of constitutional functionaries. This UPSC item confirms that High Court judges are removed exactly like Supreme Court judges (by a parliamentary address), which is precisely why judges — unlike the UPSC Chairman — DO involve Parliament in Q98.
- practice — not a real PYQ
A member of the Union Public Service Commission can be removed from office on the ground of misbehaviour only
- (a)by an address of both Houses of Parliament
- (b)by the President after an inquiry and report by the Supreme Court
- (c)by the Prime Minister on the advice of the Cabinet
- (d)by the Chief Justice of India directly
Answer(b) by the President after an inquiry and report by the Supreme Court — Article 317.
- practice — not a real PYQ
The Comptroller and Auditor General of India can be removed from office in the same manner as
- (a)a member of the UPSC
- (b)a Judge of the Supreme Court
- (c)the Chief Election Commissioner alone
- (d)a Governor of a State
Answer(b) a Judge of the Supreme Court — i.e., by an address of both Houses of Parliament (Article 148).