Tuesday, October 20, 2020
Home News Reports Read Naidu's scathing rejection of impeachment motion : Allegations not admissible, Parliamentary customs disregarded

Read Naidu’s scathing rejection of impeachment motion : Allegations not admissible, Parliamentary customs disregarded

Vice President Venkaiah Naidu today rejected the impeachment motion against CJI Deepak Mishra tabled by the 64 MPs of seven opposition parties. The VP has stated legal, moral and constitutional reasons as the ground for the rejection of the motion.

The order of rejection which runs 10 pages, lists out the background of the charges and the Vice Presidents base for rejection. At the beginning of the order, the VP acknowledges the relevant sections of the constitution and the relevant laws (The Judges Inquiry Act, 1968) that lays rules for the grounds on which an impeachment motion can be initiated against a sitting judge. He acknowledges that since 64 MPs have signed it, the motion meets the requirement of a minimum of 50 MPs signing the order. He has also added that the same Act also provides for the chairman of the council, after consulting, to either reject or accept the motion.

The VP mentions that he took guidance from a previous Supreme Court order in the case of N Krishna Swami vs Union of India (AIR 1993 SC 1407).

courtesy: Livelaw

The VP mentions that since the case is against the CJI himself he has not consulted him on the matter and has consulted with legal luminaries, constitutional experts, former secretary generals of both houses of Parliament and several jurists. He adds that after going through comments and consultations of all the above, he is of the opinion that the impeachment motion is not fit to be a case for removal of a judge.

The VP added that the article 124(4) explicitly states the ground for impeachment to be ‘proved misbehaviour or incapacity’. He added that the word ‘proved’ places an obligation that the allegations of misbehaviours must be proved before the parliamentary process of removal can be initiated, which is not the case in this motion.

courtesy: Livelaw

Venkaiah Naidu goes ahead to add that the MPs who have presented the motion are unsure of their own case since the page 1 of the motion has phrases like ‘may have been involved’ and ‘he too was likely’ etc and it shows that the MPs are merely stating their suspicion or a conjecture or assumption which cannot be called ‘proved beyond reasonable doubt’. He adds that conversations between the third parties, with dubious credentials, which have been extensively relied upon, cannot themselves constitute any material evidence against the Chief Justice of India.

The VP further adds that it is affirmed by a constitution bench of judges of Supreme Court ( Kamini Jaiswal vs Union of India , 14 Nov, 2017 ) that the CJI is master of roasters and that it is his prerogative alone to constitute benches of judges and there cannot be any direction to the CJI as to who will sit on a bench and who shall take up the matter.

courtesy; Livelaw

The order further mentions that in para 15 of the same Supreme Court order, it is mentioned that the CJI is well within his powers to construct administrative benches too.

Courtesy: Livelaw

Mr Naidu adds further that the five allegations mentioned by the MPs are neither admissable or tenable. He states that the allegations in the motion have a serious tendency of undermining the judiciary and hence it is neither legal nor proper to admit the notice of motion. He states that the provisions in the constitution are to nurture and strengthen the judiciary and there are safeguards to prevent interference in its independence by Legislature and Executive powers.

He adds further that the section 124(4) and the Judges Act both have laid down very stringent conditions necessary for initiation of such proceedings and they are aimed at protecting and safeguarding the independence of the judiciary and keep the judges safe from external pressure.

courtesy: Livelaw

The Vice President further adds that there is virtually no verifiable concrete imputation in the motion and it would be inappropriate and irresponsible to accept statements which have little empirical basis. He asserts that he has examined the relevant provisions in the constitution and also has pursued the annexures provided in the motion, consulted with experts he is certain that the motion is not admissible. He also added that the parliamentary customs and conventions have been disregarded in case of the impeachment notion.

He goes ahead to add that it is prohibited for the members to publicize any notice submitted to the Chairman till it is admitted and circulated to the said members. He condemned the MPs conducting press conferences immediately after submitting the notice and asserted that is against the propriety and decorum of the parliament and also denigrates the institution of the CJI.

  Support Us  

Whether NDTV or 'The Wire', they never have to worry about funds. In name of saving democracy, they get money from various sources. We need your support to fight them. Please contribute whatever you can afford

OpIndia Staffhttps://www.opindia.com
Staff reporter at OpIndia

Related Articles

Trending now

Rajdeep Sardesai and India Today secure a gag order against social media user who had said they took 8 crores for Rhea interview

Issuing an order on India Today petition, the Delhi HC has ordered Twitter to suspend the man named Anurag Srivastava, and Google to remove the content from search results.

Jinnah’s ideology: Prof Brij Narain, a strong supporter of Pakistan’s creation, was hacked to death by an Islamist mob in Lahore in 1947

Prof Brij Narain, an enthusiastic exponent of Pakistan, was hacked to death in broad daylight by a Muslim mob even as he kept pleading them to stop ransacking his house in Lahore in the wake of partition .

India-China standoff: Indian army captures PLA soldier, probing espionage angle

The army stated that the PLA personnel will be handed over to the Chinese officials at Chushul-Moldo meeting point, following the completion of formalities.

If Congress comes back to power, it will be impossible to utter a word against them

This time, they will have a third and most potent weapon: technology and dominance in the digital space.

‘Uddhav Thackeray has formed a special team to bring down Republic TV, Arnab has to be locked up’: Explosive sting reveals MVA govt plot

"The strategy is to lock him (Arnab Goswami) behind bars. Nobody can save his channel from being banned," the Congress leader said.

Recently Popular

After Chinese phones blocking weather data for Arunachal and Ladakh, now Twitter shows Leh as part of China

Security analyst Nitin A Gokhale found that Twitter has labelled Leh in Ladakh as part of People's Republic of China (PRC)

In 2012 ‘out of town’ Salman Khan partied with Parambir Singh in Mumbai on day Bandra cops could not serve him Court summons for...

As reported by Mid-Day in 2012, Salman Khan and Parambir Singh were both found attending a Christmas party hosted by Sunny Dewan and his wife Anu Dewan in Mumbai. This when the Bandra cops claimed Khan was not in town.

During 26/11 Mumbai attack, Param Bir Singh refused to be on ground and take on terrorists, then Mumbai CP Hasan Gafoor had said

Hasan Gafoor, who was the Mumbai Commissioner of Police during the 26/11 Mumbai terror attacks, had accused senior police officials, including Param Bir Singh of not taking on the terrorists.

TimesNow joined the Left in condemning Republic TV to hell, now, the Left is gunning for them too

The 'TRP scam' started off when Mumbai Police Commissioner Parambir Singh named Republic TV and hid the fact that the FIR which was filed, based on the Hansa Research Report, named India Today

Rajdeep Sardesai and India Today secure a gag order against social media user who had said they took 8 crores for Rhea interview

Issuing an order on India Today petition, the Delhi HC has ordered Twitter to suspend the man named Anurag Srivastava, and Google to remove the content from search results.

Republic TV’s Arnab Goswami to sue Param Bir Singh for Rs 200 crore after Maha Govt’s admission in Mumbai High court

Maha Govt and Mumbai police distances itself from the allegations meted out at Republic TV by PC Param Bir Singh
- Advertisement -

Hyderabad: Hindu woman confronts boyfriend Syed Mustafa over marriage promises, stabbed to death by him and his brother

24-year-old Hindu woman was brutally stabbed to death by her lover Syed Mustafa and his brother on Saturday night at Rein Bazar neighbourhood of Hyderabad

Days after an Islamist brutally beheaded a teacher, France Govt prepares to expel 231 religious extremists from the country

France is planning to come down hard on religious extremists after an Islamic youth beheaded a teacher recently

Congress, media target Varun Gandhi for unwillingness to speak to a stranger late at night: Here is who the man was and why he...

The Congress party has decided to go after BJP MP Varun Gandhi after a leaked version of his conversation found its way to the media.

India formally invites Australia to join the 2020 Malabar trilateral naval exercise, Australia confirms full participation: Read details

It will be the first time all members of the regional grouping known as the Quad will participate in the Malabar naval exercise

Rajasthan: Two minor girls gang-raped, police shift victims to the hospital in an auto-rickshaw instead of ambulance

Two minors gang-raped by six in Rajasthan. Police conducting raids at various locations in search of accused.

Dance moves by Dr Arup in Silchar, Assam wins Internet, inspires Hrithik Roshan

The Assam doctor's dance video has gone viral on social media, gaining thousands of likes and comments.

Family of girl murdered in terror attack condemns BBC for providing platform to terrorist Ahlam Tamimi, painting her as a victim: Read details

Ahlam Tamimi was convicted and sentenced for 16 years her role in a pizza parlour bombing in Jerusalem in 2001 before her imprisonment was cut short in a prisoner-exchange deal with Hamas

Republic TV’s Arnab Goswami to sue Param Bir Singh for Rs 200 crore after Maha Govt’s admission in Mumbai High court

Maha Govt and Mumbai police distances itself from the allegations meted out at Republic TV by PC Param Bir Singh

Frustrated with “rants” of Shashi Tharoor, MP Nishikant Dubey requests Lok Sabha speaker to put him in a committee where there is no Tharoor

Congress leader Shashi Tharoor yesterday ranted against Republic TV and Times Now, issuing 'moral sermons' to the corporates who financed the aforementioned news channels

Connect with us

245,563FansLike
464,907FollowersFollow
18,700SubscribersSubscribe