Legal experts divided on CJI impeachment

ANI | Updated: Apr 23, 2018 13:48 IST

New Delhi [India], Apr 23 (ANI): Justice (Retd) R.S. Sodhi on Monday welcomed Rajya Sabha Chairman and Vice President M. Venkaiah Naidu's rejection of an opposition-introduced impeachment motion against Supreme Court Chief Justice Dipak Misra, saying that the move "can't be considered as a wise act."

"One knows that they don't have any ground, they know that they can't impeach him. In spite of knowing all that, still they went on and plunged into this ill-advised move. This can't be considered as a wise act," Justice Sodhi told ANI.

Senior Supreme Court advocate K.T.S Tulsi, however, disagreed, saying that the charges against Chief Justice Misra needed to be examined as per procedure, which was not done.

"I think the Chairman (Naidu) prejudged the issue and has misread the provision of the Constitution. This is a very serious matter and we can't allow the cancer of corruption to grow. If there is evidence, then there is a committee which has to take a decision on the same," Tulsi said.

On April 20, the opposition led by the Congress moved an impeachment motion in the Rajya Sabha, seeking the removal of Chief Justice Misra from office under Article 217 read with article 124 (4) of the Constitution of India. The motion was signed by 64 sitting members of the Upper House.

As per Article 124 (4), "A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity." (ANI)