Motion for impeachment of CJI Dipak Misra moved

Team SoOLEGAL 20 Apr 2018 6:40pm

Motion for impeachment of CJI Dipak Misra moved

New Delhi: In a situation which has no parallel ,the Congress and six other opposition parties  submitted a notice for impeachment proceedings against Chief Justice of India Dipak Misra under "five grounds of misbehavior ".

Impeachment of SC judge is a long drawn procedure and obviously in case of Chief Justice it will be even longer.Under the constitution article 124(4) deals with the impeachment of a judge and it states a judge can be removed on the grounds of "proved misbehaviour or incapacity".However there is lack of clarity on what is termed as misbehaviour or even incapacity.

The article says, "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 misbehavior or incapacity ".

The move is a first one and whatever be the outcome, the image of the entire judiciary will be severly damaged.Once earlier impeachment motion was initiated against Justice V Ramaswami of SC in 1993 who  was defended in the parliament then by senior lawyer Kapil Sibal.

Chief Justice is due to retire in October this year and it is unlikely that process of impeachment will be carried over in such a short time.

Tagged: CJI   Impeachment   Parliament  
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