Team Clarion
NEW DELHI – Opposition moves to file a motion in the Rajya Sabha seeking the removal of Allahabad High Court judge Shekhar Kumar Yadav for his “anti-Muslim” remarks gathered pace on Thursday.
The INDIA bloc’s move comes after the Supreme Court took cognisance of reports surrounding remarks made by Justice Yadav during his December 8 speech at an event organised by the Vishwa Hindu Parishad (VHP).
It also follows opposition parties moving a historic no-trust motion against Rajya Sabha Chairman and Vice President Jagdeep Dhankar.
Speaking at the VHP meeting in Prayagraj on the constitutional necessity of the Uniform Civil Code, Justice Yadav said: “I have no hesitation in saying that this is Hindustan, this country would function as per the wishes of the bahusankhyak (the majority community) living in Hindustan. This is the law. You can’t say that you are saying this being a high court Judge. The law, in fact, works according to the majority. Look at it in the context of family or society…Only what benefits the welfare and happiness of the majority will be accepted.”
During his controversial speech, the sitting high court judge used certain derogatory words against the Muslim community.
Although he did not specifically name the minority community, he questioned, “How would their children be kind and tolerant when animals were being slaughtered in front of them since childhood?”
Justice Yadav said that not everybody from this community is bad but said “kathmullas… are fatal for the country”.
Impeachment Process
Under the Constitution, the process of impeachment of a judge of the Supreme Court is laid down in Article 124(4) of the Constitution of India. Article 218 says the same provisions shall apply in relation to a judge of the high court. A judge can be removed by Parliament through a laid-down procedure on only two grounds: “proved misbehaviour” and “incapacity”.
For an impeachment motion to be considered for admission in the Rajya Sabha, the signatures of at least 50 lawmakers are needed. In the Lok Sabha, this number is 100. If parliament passes such a vote, the president will pass an order for the removal of the judge.
Thirty-six Opposition MPs across parties have already signed the petition, initiated by Independent Rajya Sabha MP and lawyer Kapil Sibal.
Once the motion is brought in, the speaker/chairman must constitute a three-member committee of inquiry. The committee will comprise a Supreme Court judge (can be chosen from the Chief Justice and other judges of the Supreme Court), a high court chief justice and a distinguished jurist.
The committee can regulate its own procedure in conducting the investigation and give an opportunity to the judge of cross-examining witnesses, adducing evidence and of being heard in his defence.
After the investigation, the committee will submit its report to the speaker or the chairman, or to both if the committee is constituted jointly.
Past Instances
There have been four attempts to impeach high court judges and two to remove Supreme Court judges till now. However, no motion has ever cleared the process.
1993: Motion in Lok Sabha to remove Justice V Ramaswami failed.
2011: Calcutta HC judge Soumitra Sen resigned after Rajya Sabha passed a motion.
2015: Justice JB Pardiwala of Gujarat HC expunged “objectionable remarks” after Rajya Sabha removal notice.
2016-17: Motion to remove Justice CV Nagarjuna Reddy of Andhra & Telangana HC failed twice.
2017: Motion against CJI Dipak Misra rejected by RS chairman.
2018: Rajya Sabha chairman rejected the notice to impeach Chief Justice of India Dipak Misra citing lack of substantial merit in it.