Notice to Impeach CJI

There is an over whelming political debate of  judgment of SC on issue of death of Judge. Politicians are irked and has expressed desire to notice of impeachment in Upper house where this notice may fall due to technical reasons.But it is ploy to generate political pressure  for public consumption  keeping in mind to the ensuing state and General Elections, thus political opportunity to salvage declining popularity of the opposition .

Congress and other opposition parties submit a notice for impeachment proceedings against Chief Justice of India Dipak Misra. This is the first time in the history of India that a motion for the impeachment of a Chief Justice of India is being presented. 

More than 64 MPs belonging to seven political parties have signed the notice for impeachment proceedings against the CJI. The parties include Congress, NCP, CPI(M), CPI, SP, BSP and Muslim League. The parties met Vice President and Rajya Sabha Chairman M Venkaiah Naidu and give notice for impeachment of the CJI. 

Addressing a press conference thereafter senior Congress leader Kapil Sibal said, “We have moved a motion for removal of Chief Justice of India under five grounds of misbehaviour: Ghulam Nabi Azad. Questions are being asked about the manner in which CJI has handled certain cases and was exercising powers.

“71 MPs signed the notice for impeachment but seven retired, so the number now is 64. Minimum requirement is 50 members in the Rajya Sabha. 

“CJI Dipak Misra violated constitutional norms while exercising his powers. When the SC judges believe judiciary’s independence is under threat, alluding to CJI’s functioning, should we stand still and do nothing?

“We wish this day had never come in the fabric of our constitutional framework. Since the day he (Dipak Misra) was appointed as CJI there have been questions raised in the manner in which he has dealt with certain cases.

“There is no other way to protect the institution except the impeachment motion. We are doing so with a very heavy heart.”  

PTI reported that the Trinamool Congress and the DMK, which were initially in favour of the impeachment against the CJI, are no longer part of it.

The impeachment notice comes a day after the Supreme Court rejected a bunch of petitions seeking an independent probe into the death of Judge B H Loya, who was hearing the Sohrabuddin Sheikh encounter case.

The SC judgement was delivered by a bench headed by the Chief Justice of India.

An impeachment motion in the Rajya Sabha has to be supported by a total of at least 50 MPs of the Upper House, while the number of MPs supporting such a motion in the Lok Sabha is 100.

Once the notice for an impeachment motion is submitted to the Rajya Sabha chairman, he will ascertain whether there is merit or ground for moving such a motion. 
In case he finds merit, then he may form a committee to look into it, else he can reject it. 

The Supreme Court today termed as very unfortunate the public statements, including those made by lawmakers, on impeachment of judges.

“We are all very disturbed about it,” a bench comprising Justices A K Sikri and Ashok Bhushan said after the counsel appearing for the petitioner raised the issue of politicians making public statements on impeachment of judge.

Inputs Rediff 


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