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Chief Justice of India Dipak Misra may face impeachment motion

Team SoOLEGAL 28 Mar 2018 9:24am

Chief Justice of India Dipak Misra may face impeachment motion

New Delhi: In an unprecedented move some opposition leaders have initiated move for impeachment of Dipak Misra , the Chief Justice of India.This is the result of a press conference which was called by other senior judges of the Supreme Court where they raised the matter of arbitrary allocation of cases by Chief Justice.But later on judges seem to have to come to an understanding with no further raking up of the issue atleast publicly.

But opposition leader seem to have taken up from there.They have  intensified their efforts to arrive at a common position to give a notice for a motion for the removal of the Chief Justice of India Dipak Misra,It is estimated that about 15 opposition MP’s have signed  one such petition and efforts are  being made to get more such signatures.

At the same time  there  seems to be lack of  complete unity  within the opposition on how to proceed on the motion. The Opposition realises that it does not have the numbers to carry the motion to a logical conclusion. According  to Majeed Memon, a Nationalist Congress Party (NCP) MP and one of the spearhead of the move, “Several Opposition MPs, including me, have signed the petition to remove the Chief Justice. The Congress has come out with an impeachment petition to which my party including myself became associated. Other opposition parties have also shown inclination to support it. This is a fierce battle for purity of justice, truth and therefore there cannot be any compromise”. But later on Congress spokesperson denied draft of any such petition by Congress party.

In this regard  West Bengal chief minister Mamata Banerjee who is currently in Delhi ,  met Prashant Bhushan.The two  focused exclusively on the possible motion to remove Misra, with Bhushan making a strong case for it to Banerjee.

The Congress leadership  is still mulling what stand to take. One school of thought believes if they were to support a move like this, it may pit them against judiciary and may make them look anti judiciary. The other school of thought is that it will put pressure on the executive and  may help in ensuring  that the executive cannot influence the judiciary.

The ruling party,right now is waiting and watching and has not stated its mind.

Impeachment of Chief Justice or for that matter any judge is a long drawn affair.For a motion to be admitted in parliament,the motion requires the support of minimum of 50 MPs in the Rajya Sabha or 100 in the Lok Sabha. Motion can be presented in either of the House.If Speaker/Chair decides  to admit it then  post  that  a three member committee is formed to investigate the charges. If this committee finds the judge to be guilty, the House can take up the motion for consideration. Once the house, in which it was originally admitted, passes it with a special majority, it then goes to the other house, which has to pass it with a special majority as well. Then it is sent to President for formal dismissal order.

Tagged: Chief Justice of India   Impeachment   Member of Parliament  
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