Sibal initiated an impeachment motion against the judge, with support from leaders like Digvijaya Singh, Vivek Tankha, Javed Ali, Mohan Jha, and the CPI(M) party.
NEW DELHI: An impeachment motion against Justice Shekhar Yadav of the Allahabad High Court was submitted to the Secretary-General of the Rajya Sabha today (13th Dec).
The motion, headed by SCBA President and Rajya Sabha MP Kapil Sibal, was signed by 55 Members of Parliament.
Sibal initiated an impeachment motion against the judge, with support from leaders like Digvijaya Singh, Vivek Tankha, Javed Ali, Mohan Jha, and the CPI(M) party.
The impeachment motion is rooted in a controversial speech delivered by Justice Yadav at a Vishwa Hindu Parishad (VHP) event.
In his address on the Uniform Civil Code, he made contentious remarks asserting that India would operate according to the wishes of the majority population.
“I have no hesitation in saying that this is Hindustan, and this country will function according to the majority living here. This is the law. It is not about speaking as a High Court Judge; the law follows the majority,” Justice Yadav said. He likened the situation to a family or society, where only the welfare of the majority will be accepted.
His speech also included derogatory remarks, including the term “kathmullah” to describe extremists, suggesting the country should remain cautious about them.
Procedural Requirements for Impeachment
Under Article 124(4) and 124(5), a judge of the Supreme Court (and High Court (see Article 217) , a judge of the Supreme Court can be removed by a Presidential order following an address by Parliament. This address must be supported by a special majority in both Houses of Parliament.
A special majority requires a majority of the total membership of the House, as well as at least two-thirds of the members present and voting.
The removal procedure is governed by the Judges Inquiry Act, 1968, and involves impeachment based on charges of misbehaviour or incapacity.
The step-by-step process is as follows:
- A motion for removal must be signed by 100 members (Lok Sabha) or 50 members (Rajya Sabha) and submitted to the Speaker/Chairman of the respective House. This motion can be introduced in either House.
- The Speaker/Chairman decides whether to admit or reject the motion.
- If the motion is admitted, the Speaker/Chairman forms a three-member committee to investigate the charges. The committee includes the Chief Justice or a Supreme Court judge, a Chief Justice of a High Court, and a distinguished jurist.
- If the committee finds the judge guilty of misbehaviour or incapacity, the House where the motion was introduced proceeds with considering the motion.
- If the motion is passed with a special majority in the first House, it moves to the second House, which must also pass it by special majority.
- Once both Houses pass the motion, an address is presented to the President for the judge’s removal.
- Finally, the President issues an order to remove the judge from office.
SCBA President Kapil Sibal’s Remark
Sibal noted that even politicians avoid making such statements and questioned the appointment of a judge who could express such views.
He remarked, “How can someone dare to make such statements? This trend has persisted over the past decade, with individuals making controversial remarks, resigning, joining the BJP, and later becoming Rajya Sabha members.”
Sibal urged the Supreme Court to take strict action against Justice Yadav, including barring him from presiding over cases.
Stressing the importance of judicial independence, he stated, “There is no alternative left for those who believe in the judiciary’s independence.”
Senior advocate Rajeev Dhavan noted, “While accountability is essential, impeachment should not be used as a tool for political vendetta. The allegations must be thoroughly and fairly examined.”
