Concerns with Rejection of CJI’s Impeachment

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