While the motion is unlikely to be passed in either house, if Chairman Venkaiah Naidu accepts it, many feel the CJI’s position will become untenable.
New Delhi: Two months after CPI(M) general secretary Sitaram Yechury announced plans to move an impeachment motion against Chief Justice of India Dipak Misra, opposition parties led by the Congress are set to submit the motion to Rajya Sabha Chairman M. Venkaiah Naidu Thursday.
Sources in the opposition told ThePrint that the requisite number of signatures by Rajya Sabha MPs have been obtained, and some more parties may join in. An impeachment motion against a judge has to be signed by at least 50 Rajya Sabha MPs or 100 Lok Sabha MPs.
“Barring any last-minute change of plan, we hope to submit the motion to the Chairman Thursday, so that he can start the process before the Budget session ends Friday,” said an opposition MP.
Asked if the Mamata Banerjee-led Trinamool Congress, which was not too keen to back the motion, had finally joined the opposition move, the MP said: “So far, the TMC hasn’t agreed. But we are still tying, and they may do it tomorrow.”
Meanwhile, sources in the government said the possibility of the impeachment motion getting through is “bleak”. “The Chairman may even decide against admitting the same if he feels the grounds being cited in the motion are not enough to merit the impeachment of the country’s chief justice. But, this is just one of the possibilities and I don’t want to suggest that this is what the Chairman will do,” a source said.
If the Chairman rejects the motion, the opposition has the option of moving the Supreme Court challenging the decision.
Why move to impeach the CJI?
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 what they say are his questionable decisions.
The opposition’s chargesheet refers to facts and circumstances pertaining to the Prasad Educational Trust case, in which the CJI’s alleged involvement has been a matter of intense discussion. Another charge relates to Misra’s action in making a false claim to get land allotted to his kin.
If the motion is tabled, Misra will become the first CJI to face the ignominy of facing impeachment.
Will the motion succeed?
For any impeachment motion to succeed, it has to be passed by a majority of not less than two-thirds of the members present and voting in both the houses, with not less than one-half of the total strength of each house participating in the voting.
Since the BJP-led NDA government, by all indications, is not likely to support the motion, the possibility of the motion being passed in either house is bleak.
However, there are many who feel if the motion is accepted by the Chairman, the CJI’s continuation in the post will become untenable and he may have to either resign or proceed on long leave until he is cleared of the charges.
A very sad day for the judiciary and the country. The fact that the motion will not pass offers little solace. It should not have come to this. A great deal of introspection is required.