It’s almost been a month since CPM leader Sitaram Yechury announced that discussions for impeachment had begun, but the Congress hasn’t revealed its cards.
New Delhi: With the entire country waiting with bated breath on whether the opposition will come true on its threat to impeach Chief Justice of India Dipak Misra, there is a twist: the impeachment isn’t happening, at least anytime soon.
In fact, as things stand, even the introduction of the impeachment motion, which is the first step of the process, doesn’t seem likely now.
Almost a month after CPI(M) general secretary Sitaram Yechury announced that opposition parties had begun discussions on moving an impeachment motion against the CJI, there has been little progress.
Even the motion, which would have to be signed by at least 50 Rajya Sabha or 100 Lok Sabha MPs for it to be considered by the Presiding Officer to set up a committee of jurists, hasn’t been drafted.
CJI Misra, who retires on 2 October this year, has been under the scanner since 12 January, the day four senior-most judges of the Supreme Court took the unprecedented step of making public their differences with Misra over several of his questionable decisions.
Congress needed on board
Multiple sources in several opposition parties told ThePrint that, with the main opposition Congress refusing to reveal its cards on whether or not it supports the impeachment motion against the CJI, the move has been stalled, at least for the time being.
Unless the Congress decides to back the move, the opposition may not be able to garner the requisite 50 signatures from Rajya Sabha MPs.
“There doesn’t seem to be any clarity within the Congress leadership on whether it wants to support the impeachment or not. We are getting mixed signals. As of now, there has been no real progress on the issue,” said a senior opposition leader.
Incidentally, it isn’t only the Congress that is unsure of supporting the move. Some other parties like the Samajwadi Party and the BSP have also indicated that they may not support such a move.
“The independence and integrity of the judiciary are non-negotiable. As far as the legislature is concerned, the only option open to Parliament is to tackle this through an impeachment motion. The point is to set the system right. If inadequacies are found, it is incumbent on the legislature and the executive to address them in the interest of democracy and the nation,” Yechury had said while talking about the possible impeachment motion.
However, regardless of whether the impeachment motion is brought in, CJI Misra can’t afford to sit easy. Opposition parties are planning to seek a detailed debate in Parliament during the second part of the Budget Session on the issue of functioning of the higher judiciary, which, if it happens, could see a targeted attack on CJI Misra.
“There are many MPs who feel the CJI’s conduct, both within and outside the court, leaves much to be desired, and the same could find a strong mention in the debate,” said an opposition MP.