Agencies
NEW DELHI: Rajya Sabha chairman Venkaiah Naidu today rejected the Congress-led opposition parties' notice to remove the chief justice of India (CJI) Dipak Misra.
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 Naidu.
Congress leader PL Punia said immediately after the news of Naidu's rejection that it and other opposition parties will talk to some legal experts and take the next step. Congress leaders said over the weekend that the party is considering moving the Supreme Court if the notice to remove is rejected.
Another Congress leader, Tehseen Poonawalla said everybody knew the notice would be rejected by Naidu.
Prime Minister Narendra Modi, called the rejection a victory of democracy.
"Politically Biased Impeachment Motion Against Chief Justice Of India Rejected By Vice President of India Venkaiah Naidu. This Is Victory Of Our Democracy," he said.On Friday, as many as 64 Parliamentarians (MPs) belonging to seven political parties 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.
Article 124(4) of the Constitution lays down the procedure for removal of a judge of the Supreme Court, including the CJI, who can be impeached on grounds of "misbehaviour or incapacity". A removal motion signed by 100 members of Lok Sabha or 50 members of Rajya Sabha has to be submitted to the Speaker of the Lower House or Chairperson (ie Vice President) of the Upper House. This can be in either of the Houses of Parliament. The Speaker/Chairperson can then either accept or reject the motion.
Vice president Naidu, to whom the notice was submitted owing to his position as Rajya Sabha Chairman, yesterday set in motion the process of consultation on the notice against the CJI and held discussions with a number of constitutional and legal experts, including Attorney General KK Venugopal, and former top law officer K Parasaran. |
