The Congress-led opposition parties have suffered a severe jolt after the Vice-President and the Rajya Sabha chairman Venkaiah Naidu rejected the notice to impeach the chief justice of India (CJI), Dipak Misra. Mr Naidu rejected the notice citing lack of substantial merit in it.
“Having considered the material contained in the notice of motion and reflected upon the inputs received in my interaction with legal luminaries and constitutional experts, I am of the firm opinion that the notice of the motion does not deserve to be admitted. Accordingly, I refuse to admit notice of motion,” said Vice-President Venkaiah Naidu.
This has been a setback to the Congress party because as many as 64 Parliamentarians (MPs) belonging to seven political parties had signed the notice for removal proceedings against the CJI. They include MPs from the Congress, the NCP, CPM, the CPI, the SP, the BSP and the Muslim League..
What the constitution says about the impeachment of a judge? When can a judge be removed?
As per Article 124(4) of the Constitution of India, “A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity”.
Senior lawmakers and retired judges said that the impeachment move was politically motivated!
- Former SC judge B Sudershan Reddy slammed the opposition’s move by saying that the Impeachment move ‘suicidal dangerous’. He added, “it is suicidal on part of the political parties which have moved the impeachment motion”. “There is no material to establish the charge of any misbehaviour on part of the Chief Justice. Irregularities do not amount to misbehaviour”.
- Even Former Lok Sabha Secretary General Subhash C Kashyap called this move by the Congress-led opposition as “Pure party politics”. He added “Only the President can be impeached and Article 124 only speaks about the removal of a judge for misconduct or proven incapacity. There is nothing like impeachment of a Judge (in the Constitution)”.
- ASG Satya Pal Jain said “The impeachment notice moved by Congress and other Opposition parties against CJI Misra is politically motivated. Unfortunate and politically motivated and seems to be an attempt to intimidate judiciary and give message that if you don’t decide on cases as per our wishes, we’ll indulge in character assassination of judges.”
- Even Justice Dhingra said “The impeachment notice is motivated and the MPs want political mileage knowing that they do not have the numbers to impeach the chief justice. Discontentment among judges does not mean you initiate the process of impeachment. Discontentment is a part of life”.
The move by the vice-president Mr Naidu was widely appreciated by the citizens of India. Now, the Congress will approach the Supreme Court because yesterday, the Congress leaders had said that “if the Upper House chairman did not find merit in the notice for the impeachment, the decision could call for a judicial review”.
- Dear Congress, Let’s start process to remove Vice President too as Venkaiah Naidu rejects Impeachment Motion against CJI Dipak Misra. Now Congress will approach Supreme Court. Opposition has no work other than Drama. Opposition opposing everything for the sake of being Opposition.
Dear Congress, Let's start process to remove Vice President too as #VenkaiahNaidu rejects Impeachment Motion against #CJIDipakMisra. Now Congress will approach Supreme Court. Opposition has no work other than Drama. Opposition opposing everything for the sake of being Opposition.
— Anshul Saxena (@AskAnshul) April 23, 2018