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| Debate in political and legal circles on over impeachment of CJI | | | Not only between the BJP led NDA Government and the Congress but also in the legal circles the demand for impeachment of Chief Justice of India debate is going on whether the impeachment of the CJI is right or wrong and if the rejection of the impeachment by the Rajya Sabha Chairman. M. Venkaiah Naidu is within the law or illegal. The Congress leaders have berated Modi for violating the norms of the constitution. Some Congress leaders call rejection of impeachment of CJI a slap on the democracy. And the BJP has defended steps against impeachment saying that it is within the ambit of the constitution. Rajya Sabha Chairman M Venkaiah Naidu has rejected the notice given by opposition parties led by the Congress for impeachment of CJI Dipak Misra citing lack of substantial merit in it. Naidu held extensive consultations with top legal and constitutional experts before taking the decision, they said. The rejection of the notice comes a day after he held consultations with such experts to determine the maintainability of the motion. Vice President Naidu met several experts after he re-scheduled his travel plans considering the seriousness of the matter.
Seven opposition parties led by the Congress had last week moved a notice before him for impeachment of the Chief Justice of India (CJI) on five grounds of "misbehavior". This is the first time ever that an impeachment notice has been filed against a sitting CJI.
The Congress on said it would file a petition in the Supreme Court challenging Rajya Sabha Chairman M Venkaiah Naidu's order rejecting the impeachment notice indicating that the BJP and the Congress may prolong the legal battle. Senior congress leaders have indicated that they will certainly file a petition in the Supreme Court against this and would want the CJI to not take any decision with respect to it, be it the listing or anything else, and the congress has assured the nation that it will accept whatever Supreme Court decides. Kapil Sibal has said Naidu shouldn't have disposed of it without constituting an inquiry committee. The Rajya Sabha Chairman's order says the charges are unverifiable. How can you verify without conducting an inquiry," Sibal asked. Describing Naidu's move as "unprecedented, illegal, ill-advised and hasty", the Congress leader stressed that "never before in India's history" had a motion moved by MPs been dismissed at the preliminary stage.
As per Article 124 (4) of the Indian Constitution, "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 A new ground is being laid down by the Congress for measuring muscles with the BJP in the context of the ensuing General Elections scheduled to be held in 2019. And since the BJP seems confident of its victory the Congress has raised new issues to check the vote bank of the BJP or weaken the BJP vote bank. And the Congress seems shaky because of growing thunder from BJP which is keen to survive in power for another 50 years and this has earned a rebuke from Rahul Gandhi who has said the Government lasts for five years and not 50 years. |
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