After several days of litmusions, the opposition led by Congress has proposed impeachment motion against Chief Justice Deepak Mishra in the Rajya Sabha.
In the Rajya Sabha, Leader of Opposition Ghulam Nabi Azad and senior Congress leader Kapil Sibal gave this information in a press conference.
Kapil Sibal said, “We have given a proposal of impeachment to the Vice-President and Rajya Sabha Chairman at 12 o’clock today, we wanted him to never come, but have raised questions on how the Chief Justice works. ”
If the proposal was approved by the Speaker of the Rajya Sabha, then Deepak Mishra will be the first Chief Justice of the country facing impeachment.
Justice Mishra has been running controversy for a long time.
At the beginning of this year, the angry four judges had made an unprecedented press conference and mentioned the irregularities in the court.
Among them were Justice J Chelameswar, Justice Ranjan Gogoi, Justice Madan Lokur and Justice Kurien Joseph, who are the four highest judges of the Supreme Court after Justice Mishra.
What is impeachment?
Impeachment is the process used for the removal of the President and the Supreme Court or High Court judges.
It is mentioned in Article 61, 124 (4), (5), 217 and 218 of the Constitution.
The impeachment motion can only be brought when the constitution has been violated, abused or disabled.
According to the rules, the impeachment motion can be brought to any House of Parliament.
But to present it in Lok Sabha, at least 100 MPs’ signature,
And in the Rajya Sabha, at least 50 MPs’ signatures are necessary.
After this, if the Speaker or the Speaker of that House accepts that proposal (they can dismiss it) then a committee of three members is formed to investigate the allegations.
In that committee, the judge of a Supreme Court,
Chief Justice of a High Court
And one such eminent person is included that the speaker or speaker is right for that matter.
If this proposal has been brought in both Houses, then the heads of both the Houses together form a Joint Investigation Committee.
The offer given in the subsequent date in the proposal to offer the proposal in both houses is considered to be canceled.
After the inquiry is completed, the committee submits its report to the speaker or the Speaker who present it in his chamber.
If the office-bearers are found guilty in the investigation, voting is done in the House.
The majority of the members of the house to pass the resolution
Or it is important to get at least two-thirds of the MPs who vote.
If the resolution is passed in both the houses, it is sent to the President for approval.
The President only has the right to remove a judge.
No judge has been removed till date
In India no judge has been removed by impeachment because the proceedings could never be fulfilled in all the previous cases.
Either the proposal did not get the majority, or the judges had resigned earlier.
Although there is a dispute, Supreme Court judge V. Ramaswamy is considered the first judge to face impeachment. The impeachment motion was brought against them in May 1993.
This proposal fell into the Lok Sabha because at that time the Congress presently did not participate in voting and the proposal did not get a two-third majority.
The Kolkata High Court’s judge, Soumitra Sen, was the other judge of the country, who had to face impeachment for improper conduct in 2011.
This is the case of India’s only such impeachment that passed the Rajya Sabha and reached the Lok Sabha. Even before the vote was cast in the Lok Sabha, Justice Sen resigned.
Previous cases of impeachment
In the same year, Sikkim High Court Chief Justice PD Dinakaran had also been preparing for impeachment, but Dinakaran resigned from his post just a few days before the hearing.
In 2015, the Gujarat High Court Justice JB Pardiwala had been preparing for impeachment on the charge of making improper remarks against the caste but they withdrew their comments before that.
In 2015, it was also preparing for impeachment against Mr. Madhya Pradesh High Court Justice SK Gangal but charges against him could not be proved during the investigation.
An attempt was made to impose impeachment twice in 2016 and 17 against Andhra Pradesh / Telangana High Court Justice CV Nagarjuna Reddy, but these proposals never received the necessary support.