Impeachment of CJI Dipak Misra: 71 MPs Sign Motion, What's Next in Process
If the impeachment motion is passed, then it will the first-ever instance in India's parliamentary history that a sitting Chief Justice of SC will be sacked for being biased.
Mumbai, April 20: A high volt drama was seen in Indian judiciary for the first time on Friday after seven parties of opposition comprising 71 Members of Parliament of Rajya Sabha signed for the impeachment of Chief Justice of India (CJI) Dipak Mishra. To recall, the impeachment has come immediately after CJI Mishra dismissed the plea, demanding probe in Justice BH Loya death case, however, was rejected stating it was politically motivated.
While the impeachment motion signed by the opposition parties has been handed over to M Venkaiah Naidu – the chairman of the Rajya Sabha in parliament, now let’s look on the steps that will roll in.
As per process now as the impeachment motion has been submitted to the Rajya Sabha Chairman, it must be supported by at least 50 MPs of the Upper House. 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 will form a committee comprising one judge of supreme court, one judge of high court and one eminent jurist to investigate, 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.
It should also be noted that 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. Now the committee comprising one Supreme Court judge, one high court judge and one eminent jurist will examine the merits of the motion. Based on the committee's recommendation, the Presiding Officer will take a call on admitting the motion. If the motion is admitted, a debate will be conducted in the both the houses
During the debate, the CJI could defend the charges levelled against him before the MPs – either in person or through a counsel who would represent him. Also, If the impeachment motion is passed, then it will the first-ever instance in India's parliamentary history that a sitting Chief Justice of SC will be sacked for being biased.
(The above story first appeared on LatestLY on Apr 20, 2018 07:12 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).