Why in news?
Vice president of India has rejected the impeachment motion passed to remove the Chief Justice of India.
What is the process of impeachment of the CJI?
- There is no specific provision in the constitution that deals with the impeachment of CJI.
- CJI like other judges of SC & HCs can be impeached on the ground of proved misbehaviour or incapacity under Article 124(4).
- This process of impeachment is detailed in the Judges (Inquiry) Act, 1968.
- The act requires for a motion to be signed by 50 members of Rajya Sabha (RS) or 100 members of Lok Sabha (LS).
- If the motion is admitted, an inquiry committee consisting of a SC judge, a HC Chief Justice, and a distinguished jurist will probe the charges.
- The accused judge has right to be heard during this period and the committee submits its report after considering from all points of view.
- If the charges are proved, a new motion presented in each House of Parliament has to be passed by a majority and 2/3rds of those present and voting in the same session.
- Finally, the President has to issue an order for removing the judge.
What is the reasons for passing this motion recently?
- Earlier in 2017, four senior most judges of the SC had blamed the present CJI for selectively allotting cases to preferred benches.
- Following this, the CJI allocated most important public litigations matters to himself.
- A verdict by SC bench declaring that the CJI is only a first among the equals as a judge.
- But the bench also agreed that no one, even the fellow judges of SC can question the powers of CJI as the court’s top administrator.
- Final judgement confirmed that the CJI’s dominance over the roster was necessary to protect the SC from anarchy.
- These incidents pushed some Members of Parliament to call for impeaching the CJI through a motion.
- This was eventually rejected by the Vice President also the Chairman of Rajya Sabha due to no proven misbehaviour.
What are the concerns with the rejection of this motion?
- For the first time in Indian history, an impeachment motion was rejected at the admission stage.
- This decision was taken by the Presiding Officer of the Rajya Sabha, also the Vice president of India.
- His decision is alarming as the PO has to remain impartial during the conduct of the house.
- It is also distressing that he took the sole decision, instead of letting the inquiry committee decide upon the merit of the case.
Source: Indian Express
