Opposition's removal motion against CJI gains momentum

India

20 Apr 2018

Opposition submits impeachment motion against CJI to Vice-President

The Opposition has submitted a notice for impeachment of Chief Justice (CJI) Dipak Misra to Vice-President and Rajya Sabha Chairman, Venkaiah Naidu.

Over 60 MPs from seven parties signed the notice.

Congress held discussions with other parties earlier in the day.

This comes a day after the SC refused an independent probe in Judge BH Loya's death.

Allegations

The historic press conference from when it all started

The historic press conference from when it all started

Two months ago, Justices Jasti Chelameswar, Ranjan Gogoi, Kurian Joseph and Madan Lokur called a press conference and alleged the SC's freedom and integrity have been thrown into uncertainty.

Among other allegations, they accused Misra of abusing his position of power to assign important cases to select judges.

"Let the nation decide" if Misra should be impeached, they added.

Motion

Several complaints against the CJI in the Opposition's motion

After much discussion, Congress formally started collecting signatures for a motion for Misra's removal late last month.

The motion accuses Misra of not acting on the complaints of the four judges, conspiring in the illegal licensing of a private medical college, acquiring land illegally when he was a practising lawyer, and damaging the credibility of the SC's institutional autonomy, among others.

Love India news?

Stay updated with the latest happenings.

Yes, notify Me

Loya death

Was the SC judgement on Loya's death a catalyst?

Was the SC judgement on Loya's death a catalyst?

Even though Congress secured around 65 signatures, 15 more than needed, there was speculation it was keeping the plan on hold to garner more support.

Today's development come after the SC refused a probe on Loya's death, a key issue raised by the four judges, who alleged unfair proceedings by Misra in the case.

Congress termed yesterday's verdict a "sad day in India's history."

Left parties, NCP, RJD backing the motion

At 11 am, Leader of Opposition in the RS Ghulam Nabi Azad met parties supporting the motion, which include CPI, CPI(M), NCP, RJD, Samajwadi Party, BSP and the Muslim League. Trinamool Congress has, however, refrained from the motion.

Implication

Can the motion actually change things?

Now that the Opposition has moved the motion, the first uncertainty is if it'll be admitted by heads of both the Houses.

It then needs to be passed by two-thirds of half the strength of either House. The Opposition doesn't have the numbers.

Moreover, investigation of accusations can take over a year; Misra retires in 2018.

The motion isn't likely to affect Misra's work.

History

Judges who have faced similar motions till now

Judges who have faced similar motions till now

If the motion passes, Misra will be the first CJI to face impeachment.

The first SC judge against whom proceedings were initiated was V. Ramaswami (1993), but it lacked requisite support.

Justices Soumitra Sen (Calcutta-HC, 2011) and PD Dinakaran (Sikkim-HC, 2011) resigned before the proceedings started.

A motion was moved against Justice JB Pardiwala (Gujarat-HC, 2015), but then he corrected the issue of contention.

Share this timeline

Chief Justice Dipak Misra

Communist Party of India (Marxist)

Impeachment

Indian National Congress

Nationalist Congress Party (NCP)

Politics

Rashtriya Janata Dal

Supreme Court Of India

60 MPs

BH Loya

BSP

Chief Justice

CJI

CPI

Dipak Misra

Ghulam Nabi Azad

HC

India

Jasti Chelameswar

Judge BH Loya

Justice JB Pardiwala

Justices Jasti Chelameswar

Justices Soumitra Sen

Kurian Joseph

Madan Lokur

Muslim League

NCP

Opposition

PD Dinakaran

Rajya Sabha

Rajya Sabha Chairman

Ranjan Gogoi

RS Ghulam Nabi Azad

Samajwadi Party

SC

Trinamool Congress

V. Ramaswami

Venkaiah Naidu

Share this timeline

Ask NewsBytes
User Image

Most asked questions

What is the salary of CJI?

How is impeachment of an SC judge done?

More questions

What is the salary of CJI?

Asked 2018-04-20 15:59:57 by Armaan Pandit

Answered by NewsBytes

After the 7th Pay Commission, CJI is entitled to a salary of Rs. 2.8 lakhs/month.

How is impeachment of an SC judge done?

Asked 2018-04-20 15:58:15 by Manoj Panchal

Answered by NewsBytes

A supreme court judge can only be impeached on two grounds- proved misbehavior and incapacity. You can check out the procedure for impeachment of an SC judge here.

Next Timeline