Impeachment motion against CJI could have been avoided: Ashwini Kumar

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"Since there is no other way to protect the institution except to move on impeachment motion, we, members of the Rajya Sabha, do so with a heavy heart". However, some notes of discord were heard from within the Congress. Singh was kept out, because of his stature as former PM.

Section 124 (4) of the Constitution outlines the process of impeachment for the Chief Justice of India on the ground of "proven misbehaviour or incapacity".

A political slugfest has started between the BJP government at the Centre and seven opposition parties, led by the Congress, over impeachment of ChiefJustice of India Dipak Misra.

"The judiciary must guard and protect itself from external interference and must be above suspicion", the notice said.

The Congress kept the move on hold, saying it wanted to get as much support as possible from other parties. The seven parties are the Congress, Bahujan Samaj Party, Nationalist Congress Party, Samajwadi Party, CPM, Indian Union Muslim League and Jharkhand Mukti Morcha.

Jaitley said in blog post that the Opposition's move is a serious threat to judicial independence. One has often witnessed the practice at High Courts that if an enquiry is pending of a certain judge than the judicial work is withdrawn or the judge goes on leave. "Further, despite the orders of the ADM cancelling the allotment in 1985, the Chief Justice surrendered the land only in 2012 after he was elevated to the Supreme Court".

The CJI is also being charged with misusing his power as Master of the Roster by assigning sensitive cases to particular benches, with a possible intent to influence the outcome.

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The Congress vehemently denied the charge that it was moving an impeachment notice as the petition in the death of Judge Loya was rejected by the apex court. He further added, "The process had begun nearly a month ago during the second part of the Budget Session". However, the Supreme Court rejected the petition and said that it will wait for Attorney General's reply on the matter.

Trinamul, DMK and Lalu Prasad's Rashtriya Janata Dal haven't yet made up their mind, although the Opposition had been working on the impeachment for three to four months. This committee has to comprise a Supreme Court judge, Chief Justice of a high court and an eminent jurist.

The Judges Inquiry Act, 1968, mandates that the charges in a motion for removal of a judge of the or high courts have to be "definite", on the basis of which an investigation can be initiated.

Azad expressed the hope that the Chairman will take a positive action on the motion. "I don't think anyone should cast aspersions on the judiciary". Not everyone will always agree with the judiciary.

The apex court said it was "very unfortunate" that despite knowing the law that till a certain point, the issue of impeachment can not be made public, the politicians were holding public discussions. As many as 60 Rajya Sabha MPs of the Congress, the NCP, the CPI-M and CPI, the SP and the BSP - submitted the notice to Naidu. In previous cases, including those of Justice V Ramaswami's and Justice Soumitra Sen's, the investigation by a three-member committee took nearly two years to be completed.

According to NDTV, sources said the vice president, who is also the Rajya Sabha Chairman, will seek legal advice on the motion.

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