Now the views of Vice President and Rajya Sabha Chairman Venkaiah Naidu on the impeachment motion of the Opposition against the Supreme Court Chief Justice Deepak Mishra.
Will Naidu pursue the impeachment motion or declare it invalid? This question is ringing in everyone’s mind.
According to reports in the media, the government believes that the opposition has no strong ground for this step, and in the Rajya Sabha it does not have enough MPs.
It is being said that the issue is just that the notice of the opposition is dismissed. It is also being said that even if this notice of the opposition is not accepted, it will be unusual in itself.
Lawmakers say that there are four such instances in history, when the impeachment notice was given against the Supreme Court or High Court judges, they were accepted. Prior to forming the panel in the fifth of these 6 cases, the judge had ‘amended’ his decision.
In 1970, the impeachment notice was dismissed only once. Then the Chief Justice was able to convince the speaker that the matter was not serious.
According to the media reports, high level sources of government believe that the Chief Justice of India can not be separated from the judicial activities when the Chairman of Rajya Sabha does not accept the impeachment notice for investigation.
When the Chairman of Rajya Sabha accepts the notice of impeachment for investigation, the Chief Justice will have to separate himself from the judicial decisions. Of course, this question will also be in front of the government. However, the information expert Subhash Kashyap told the BBC that it happens on a moral basis and not a constitutional obligation.
Although senior advocate of Supreme Court Dushyant Dave says that the Chief Justice will have to separate himself from judicial decisions as soon as the impeachment notice is accepted.
According to Article 124 (4) of the Indian Constitution, “the judge of the Supreme Court can be removed from both the Houses of Parliament, on the basis of a third majority on the basis of the President’s order, after the resolution is passed.”
According to the Justice Act of 1968 and Justice Act 1969, after giving the notice of impeachment, the first requirement is that 64 MPs of the Rajya Sabha should be signed. After this, Rajya Sabha Chairman Naidu may consider this.
Process of acceptance of notice
If Naidu accepts the impeachment notice, then there will be a need to create a committee with three members. The first member of these three members will be the Chief Justice or the other judge of the Supreme Court. The other will be the Chief Justice of the High Court and the third lawmaker. Of course, the notice against the Chief Justice who has been given will not be.
Law scholars say that if the Chairman of the Rajya Sabha rejects the impeachment notice, then it can be challenged in the court.
Law scholars say that if the notice meets all the conditions and still dismisses it, then it can be challenged in the court. However, Dushyant Dave says that in the absence of acceptance of the notice, there is no hope of appealing in court.
The three-member committee submits the report in three months. However, there is also a provision for extension of time.
The work of this committee (if this matter has reached this level) will be decided on the basis of which main charges will be decided against the Chief Justice of India. This panel will have powers like a civil court to summon the concerned persons and to properly investigate the discharge of their oath.
This committee will present its comments to the House with its conclusions on each charge. If the CGI does not commit any misconduct if this committee finds it, the impeachment will stop there.
But if these reports show that the conduct of the Supreme Judge of India was wrong then the report of the impeachment and committee will be considered in the House.
If these proposals are accepted constitutionally, the charges against the Supreme Court will have to be proved.
After this, the President will be invited to remove the judge in the prescribed format in the same session in both the Houses.
However, it is not clear that after giving a special number of MPs, how many such judges are kept away from judicial and administrative work or they have kept themselves separate from them.
Advocate Raju Ramachandran has told the Indian Express that after the charges have been decided by the committee, the concerned judge will have to separate himself from all works. But in the case of Supreme Court of India, a stringent process can be implemented.
Two prominent government officials from the Indian Express have said on condition of anonymity that India’s Vice President M. Venkaiah Naidu, who is the President of the Rajya Sabha, is closely watching this matter and accepting or rejecting after the talks with the lawmakers can do.”
In the matter of this matter, an official has said that there is no time limit for this, but in the last cases, the Rajya Sabha Speaker and Lok Sabha Speaker took the time of 3 to 13 days.
At the same time another official told the Indian Express, “Once this proposal is assumed, then the Secretary of the Rajya Sabha will submit their report after the factual confirmation of the signatures of all MPs. After this, the Rajya Sabha Speaker will ask the lawmakers if there is enough ground to accept or reject the proposal after initial examination. Rajya Sabha Speaker seeks advice from the Supreme Court in this matter, but this matter is against them, in this case they have to seek the advice of lawmakers.