Oppn moves to impeach CJI Misra
new delhi — India’s opposition parties launched an unprecedented bid to impeach the top judge on Friday, accusing him of failing to protect the independence of the judiciary from executive interference, among other charges.
A petition, backed by 71 lawmakers from seven parties, raised five charges against Chief Justice Dipak Misra, including an accusation he arbitrarily used his power to allot sensitive cases and questioning his conduct in the acquisition of land.
Justice Misra came under a cloud in January when the four next highest-ranking judges in the Supreme Court criticised his distribution of cases and raised concerns about judicial appointments.
The judges said then that the issues involving the Supreme Court’s administration were serious enough to prompt them take the unprecedented step of going public with their criticism.
Justice Misra was appointed in August and is due to retire in October, when he reaches the mandatory retirement age of 65.
Justice Misra’s office told reporters he would not be making any comment on the issue.
The petition to impeach him for “acts of misbehaviour” and misuse of authority was signed by 71 serving members of the upper house of parliament.
They belonged to the main opposition Congress Party, the Communist Party of India and Samajwadi Party — a powerful regional party in the key northern state of Uttar Pradesh — and BSP, JMM, NCP and IUML.
Vice President Venkaiah Naidu, a former senior minister in Prime Minister Narendra Modi’s government who also chairs the upper house, must now decide whether the petition merits debate.
“We were hoping that the anguish of the judges as reflected in their statements to the press would be addressed,” senior Congress party leader Kapil Sibal, a senior lawyer himself, told reporters.
But since the chief justice has failed to set his house in order even after three months, “as representatives of the people, we are entitled to hold the chief justice accountable”, Sibal said.
“Democracy can thrive only when our judiciary stands firm, independent of the executive,” he added.
Asked about reports that former Prime Minister Manmohan Singh was not enthusiastic about the move and had not signed the motion, Sibal said: “They are absolutely false. They are not true. It is not a small issue. It is not instant coffee. It is about Constitution and a matter of institution. We did not want to involve him because he is a former Prime Minister.”
A Supreme Court judge can be removed for misbehaviour or incapacity only by an order of the president after winning a majority in both houses of parliament and after obtaining at least two-thirds of votes from the house members in the same session.
This is the first time an impeachment of a Chief Justice is being sought to be made in Parliament. The first case of impeachment of a Supreme Court judge, Justice V. Ramaswamy, was voted out in the Lok Sabha in the mid-90s. In two other cases, Justice P.D. Dinakaran of the Sikkim High Court and Justice Soumitra Sen of Calcutta High Court resigned before the impeachment motion could be voted.
Modi’s Bharatiya Janata Party (BJP) and its allies have a comfortable majority in the lower house, but not in the upper house.
On Thursday, Misra headed a three-judge bench of the Supreme Court that dismissed petitions calling for an investigation into the death of a lower court judge in 2014 when he was presiding over a case against a top political aide to Modi.
Amit Shah, president of the BJP, had been accused of ordering extra judicial killings in 2005 while serving as home minister in the western state of Gujarat.
Shah was discharged by the judge who took over the case after the death of Judge B. Loya, having decided there was no case against the BJP president.
Meanwhile, CPM leader Prakash Karat on Friday said he was not aware of an impeachment motion against Justice Misra. “There is no impeachment motion moved as far as I am aware of. I don’t know. I am sorry. I can’t comment. Till yesterday we had not moved any impeachment motion,” he saidon the sidelines of the 22nd Party Congress. —