Stand-off: Judiciary vs legislature
Seven opposition parties met Rajya Sabha Chairman Venkaiah Naidu and submitted a notice for a motion to remove the Chief Justice of India. How does it proceed from here?
The Chairman of
the Rajya Sabha will decide whether to admit the motion or not
If the motion for
removal of CJI Dipak Misra is admitted, a three-member inquiry committee will be set up to look into the charges against him
The three-member
committee will comprise a sitting Supreme Court judge, a sitting chief justice of a high court, and an eminent jurist
If the committee
finds the judge to be guilty of the charges, the Rajya Sabha will take up the motion
After the motion is
taken up and discussed in the Rajya Sabha, voting will take place
At this stage of
discussion of the motion in Rajya Sabha, the CJI will get an opportunity to address the house
The motion needs to
be passed by a special majority, which means two-thirds of the members present and voting
Once the motion is
passed by the Rajya Sabha, it goes to the Lok Sabha, which again has to pass it by a special majority
After the motion is passed by both houses of Parliament, the judge stands removed.