Opposition feels impeachy against Chief Justice of India Dipak Misra

This is just blackmailing the judiciary. The Congress leader said the impeachment motion is not to be moved by parties. Senior Congress leader and former minister Salman Khurshid remarked,”I am not in the loop”. But as both Fali Nariman and Soli Sorabjee, two highly respected jurists, observed on Friday, CJI is indeed the master of the roster and his decisions on case allocation can never be grounds for impeachment merely because some people or even some judges disagree with his calls. The extreme step of impeachment must be justified with proof of “misbehaviour or incapacity”.

According to the provisions in the handbook for Rajya Sabha members, no advance publicity should be given to any notice to be taken up in the House till it is admitted by Chairman. In the Lok Sabha, NDA has more than 310 members (maximum 545). The chairman of the upper house, Venkaiah Naidu, will determine whether there are sufficient grounds for a vote by lawmakers on Misra’s removal. The CJI took away work from him but the motion in Parliament failed.

It seems like The Aam Aadmi Party is among those who have backed out from supporting the move. BJD will also be against it since CJI Dipak Misra is from Odisha.

Sibal said the charges as stated “suggest conduct unbecoming of a person” holding the office of the Chief Justice of India.

An impeachment motion is instituted under Article 124 (4) and Article 217 (1)(b).

In such a situation it is important to know how a Supreme Court judge can be removed?

Further, it is quite clear that the present impeachment notice is merely a blackmail tactics. The impeachment notice has been signed by 64 Rajya Sabha members from seven political parties, besides seven MPs who have since retired. There is no denying the fact Congress and other opposition parties don’t stand a chance to impeach the CJI but the manner and motive of the whole idea is indeed shameful and a bad precedence for the Judiciary of the nation as well. Impeachment can be done only on some actions of a judge amounting to misbehaviour and not for judgements which could be right or wrong. This clearly shows political vendetta.

The Ram Janma Bhoomi dispute will also be heard by a three-judge bench consisting of the CJI.

First of all, the motion is not going to succeed, as the motion can’t be passed by the required majority so as to ensure the removal from office of Misra. Judge Loyola had been the judge hearing the case involving the BJP president Amit Shah.

This is really unfortunate. However, it is only a convention which can be changed like many others. This is the best bet for the Congress and those who have signed the petition. Then why move it? This can be in either of the Houses of Parliament. The opposition alleged that he surrendered the land six years ago after being appointed a judge of the SC.

Sibal said the allegations against the CJI can not be ignored and if the notice for the impeachment motion is accepted “then as per convention, he has to refrain from discharging his judicial functions”. This is a moment when integrity of democratic institutions is being stretched to its limits with every Constitutional method, be it the movement of a no-confidence motion against the government in the Lok Sabha or different litigations in the apex court.