Discussions on CJI impeachment motion to continue: Congress

Even though the budget session of Parliament ended on Friday, the opposition parties will continue with their efforts to build a broader consensus on the motion for the removal of Chief Justice of India Dipak Misra.

Congress’ deputy leader in the Rajya Sabha Anand Sharma said the matter was under discussion among the parties. “Whenever a decision is taken, you will be informed,” he told reporters.

Earlier in the day, Congress’ leader in the Lok Sabha Mallikarjun Kharge said the discussions would continue among opposition parties in the Rajya Sabha.

A media report had quoted Kharge as saying the issue of bringing an impeachment motion was “closed”. However, he told reporters the “matter is still under discussion among opposition parties in the Rajya Sabha but as far as the Lok Sabha is concerned, I have got no directions from party leadership”.

The removal of the Chief Justice — or any judge — is a lengthy constitutional process. To submit a removal motion requires the support of at least 50 MPs in the Rajya Sabha or 100 in the Lok Sabha. The Chair/Speaker has to then decide whether to admit it and, if admitted, constitute a three-member committee to investigate the charges. If the 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.

An address is presented to the President for the removal of the judge, who then passes an order. CJI Misra retires in October.

The notice can be served even when Parliament is not in session as had happened in the case of former Karnataka HC chief justice PD Dinakaran. As many as 76 MPs had handed the motion to then Rajya Sabha chairman Hamid Ansari in his office when Parliament was not in session. Dinakaran, who faced graft allegations, quit while his impeachment proceedings were on.

So far, the Congress has been able to collect around 65 signatures—15 more than the minimum requirement to move a proposal to impeach the CJI in the House — and Left parties and the Nationalist Congress Party have backed the move. However, Congress leaders have maintained that the party is waiting for a broader consensus within the opposition ranks on the issue.

Three prominent regional parties — Trinamool Congress, Dravida Munnetra Kazhagam and Biju Janata Dal — have so far maintained their distance from this initiative, though. Within the Congress too, there is a clear divide on the issue. While one section believes the party should not get involved as it will project them as anti-judiciary, the other group is of the view that the motion itself will act as a “deterrent and pressure point” to ensure that the executive cannot influence the judiciary.

NEW DELHI: