In an unprecedented step, Congress and six other opposition parties on
Friday April 20,2018 moved a notice for the impeachment of Chief Justice of India(CJI)
Dipak Misra, accusing him of five counts of "misbehaviour" and
"misusing" authority.
The opposition parties met Vice President and Rajya Sabha chairman M Venkaiah Naidu and handed over a notice for the impeachment of the Chief Justice of India (CJI) with signatures of 64 MPs of the Upper House.
No Chief Justice has ever been impeached in India and any decision on the notice by the Opposition parties against the CJI is likely to be taken by the Vice President following legal consultations.
Addressing a press conference, Congress leader Kapil Sibal said the notice for impeachment had been moved with a heavy heart. "As representatives of the people, we are entitled to hold the Chief Justice accountable, just as we are accountable to the people. The majesty of the law is more important than the majesty of any office," he said.
"We hope that a thorough enquiry will be held so that truth alone triumphs. Democracy can thrive only when our judiciary stands firm, independent of the executive, and discharges its constitutional functions honestly, fearless, and with an even hand," Sibal said.
While the notice for impeachment bears 71 signatures, Leader of Opposition in the Rajya Sabha Ghulam Nabi Azad said they have requested the chairman to exclude the names of seven of them as they have retired from the Upper House. The minimum requirement to move a notice for impeachment was 50 members in the Rajya Sabha.
Senior Congress leader Salman Khurshid, however, seemed to disagree with his party colleagues. “I hope not and believe not… impeachment is too serious a matter to be played with on the grounds of disagreement with any judgment or with any point of view of the court. I am not party to the discussions that have taken place between the parties therefore for me to say whether the grounds are justified or not would be unfair,” he said.
The MPs who signed the notice belong to -
The leaders of these parties earlier met in Parliament and gave the final shape to the notice for impeachment.
Among those who attended the meeting in Parliament were Congress leaders Azad, Sibal and Randeep Surjewala, besides CPI's D Raja and NCP's Vandana Chavan. The opposition alleged that sensitive cases were assigned to handpicked judges.
Some of these allegations were also raised in January 2018 by four top judges of the Supreme Court who had held a press conference.
An impeachment motion in the Rajya Sabha has to be supported by 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 impeachment 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.
If moved, this will be the first time ever in the country's history that an impeachment would be moved against the Chief Justice of India.
The opposition parties met Vice President and Rajya Sabha chairman M Venkaiah Naidu and handed over a notice for the impeachment of the Chief Justice of India (CJI) with signatures of 64 MPs of the Upper House.
No Chief Justice has ever been impeached in India and any decision on the notice by the Opposition parties against the CJI is likely to be taken by the Vice President following legal consultations.
Addressing a press conference, Congress leader Kapil Sibal said the notice for impeachment had been moved with a heavy heart. "As representatives of the people, we are entitled to hold the Chief Justice accountable, just as we are accountable to the people. The majesty of the law is more important than the majesty of any office," he said.
"We hope that a thorough enquiry will be held so that truth alone triumphs. Democracy can thrive only when our judiciary stands firm, independent of the executive, and discharges its constitutional functions honestly, fearless, and with an even hand," Sibal said.
While the notice for impeachment bears 71 signatures, Leader of Opposition in the Rajya Sabha Ghulam Nabi Azad said they have requested the chairman to exclude the names of seven of them as they have retired from the Upper House. The minimum requirement to move a notice for impeachment was 50 members in the Rajya Sabha.
Senior Congress leader Salman Khurshid, however, seemed to disagree with his party colleagues. “I hope not and believe not… impeachment is too serious a matter to be played with on the grounds of disagreement with any judgment or with any point of view of the court. I am not party to the discussions that have taken place between the parties therefore for me to say whether the grounds are justified or not would be unfair,” he said.
The MPs who signed the notice belong to -
- Congress
- NCP
- CPI-M
- CPI
- SP
- BSP
- Indian Union Muslim League (IUML).
The leaders of these parties earlier met in Parliament and gave the final shape to the notice for impeachment.
Among those who attended the meeting in Parliament were Congress leaders Azad, Sibal and Randeep Surjewala, besides CPI's D Raja and NCP's Vandana Chavan. The opposition alleged that sensitive cases were assigned to handpicked judges.
Some of these allegations were also raised in January 2018 by four top judges of the Supreme Court who had held a press conference.
An impeachment motion in the Rajya Sabha has to be supported by 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 impeachment 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.
If moved, this will be the first time ever in the country's history that an impeachment would be moved against the Chief Justice of India.
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