Friday, January 22, 2021
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

Farmer leader Ruldu Singh Mansa alleges Delhi Police smashed his car’s windscreen, video tells a completely different story: Details

Farmer leader Ruldu Singh Mansa smashes the windscreen of his own car with a hockey stick, alleges Delhi police did it

Elephant in viral video where a forest official was seen crying profusely over its death was injured by burning tyre in horrific attack: Details

An elephant has died in Masinagudi in the Nilgiri district of Tamil Nadu after locals attempted to chase it away with fire.

‘Money earned in drug sale was used to finance anti-India activities’: NCB busts Dawood Ibrahim aide’s drug factory

The arrested Chiku Pathan is said to be a close aide fo Dawood Ibrahim. He is one of the biggest drug lords of Mumbai and manufactures Mephedrone from multiple factories.

India sends Covid-19 vaccines to all neighbouring countries except Pakistan, China steps in to aid Pakistan with free Chinese vaccine

India has not sent any vaccines to Pakistan, and there are no reports suggesting that Indian govt will send any vaccine to them

Microsoft files a patent to bring back dead loved ones as ‘chatbots’ from their digital data

Microsoft has reportedly filed a patent that would allow it to built a chatbot mirroring human beings based on their digital data.

Temples under attack in Andhra Pradesh: Hindus must be granted autonomy and the chance to defend themselves from external attacks

The recent series of temple vandalism incidents across Andhra Pradesh have left Hindus all over the country horrified and shaken.

Recently Popular

Rajdeep Sardesai ‘baffled’ by India Today survey that shows Modi govt winning a sweeping majority if elections held today: Details

Taking to Twitter, Sardesai said that he was 'baffled' to see that despite the economic hardships resulted by the pandemic, Indians still love the Modi government.

#BanSportsTak: Netizens angry after India Today owned sports channel claims Virat Kohli suffers from ‘disorder’

"It is a disorder for a captain to (be as aggressive as Virat Kohli). It might be acceptable for a player to have this aggression (but nor for a captain)," the journalist claimed.

Left-wing fury at Vir Sanghvi shows just how much ‘liberals’ hate Hindus

Vir Sanghvi published a column about the ‘shameful persecution’ of Munawar Faruqui and the ‘bogus controversy’ around Tandav

Arnab vs Navika: Arnab responds to Navika’s emotional monologue, says he carried his shoes with him

Recently, Navika Kumar said that when Arnab left Time Now, she had his shoes to fill. However, Arnab gives a befitting reply.

Pakistan ‘successfully’ test-fires missile injuring people, destroying houses in civil area, say Baloch leaders

Contrary to claims of Pakistani Army's successful tests of Shaheen-III Missile, several reports coming from Pakistan suggests that the test carried out by Pakistan was a massive failure as the missile landed in a civilian area in Balochistan destroying several houses and injuring civilians

Reuters’ ‘First Dogs’ video after Trump leaves White House is quite racist, especially towards India and Japan

Reuters could have used literally any other clip of Trump while speaking about dogs in White House
- Advertisement -

 

The Keystone XL pipeline and why Joe Biden’s executive order has riled up Canada and fears of job loss

On Friday, US President Joe Biden will make his first call with Justin Trudeau on Friday and discuss the issue of keystone pipeline.

Not a satire: North Korea raises concerns about ‘human rights violations’ in Australia at the UN

North Korea raised concerns on human right violations in Australia during the universal period review at the UN Human Rights Council

NCB busts drug racket based out of Pakistan and Sri Lanka after seizing heroin worth Rs 1,000 crore from a boat

NCB and the Indian Coast Guard had intercepted a vessel near the Tuticorin Port and found 95.87 kg of heroin in November 2020

Tamil YouTube channel reporter harasses Brahmin women and peddles caste hatred; Indu Makkal Katchi to file a complaint on the incident

A reporter of a Tamil YouTube channel Red Pix was seen harassing a woman and peddling caste hatred against Brahmin people

How Brazil thanked India for sending Coronavirus vaccine doses: Pawan Putra Hanuman

President of Brazil, Jair Bolsonaro, has expressed his gratitude towards India and Prime Minister Modi for vaccine exports from our country.

Farmer leader Ruldu Singh Mansa alleges Delhi Police smashed his car’s windscreen, video tells a completely different story: Details

Farmer leader Ruldu Singh Mansa smashes the windscreen of his own car with a hockey stick, alleges Delhi police did it

Yogi Adityanath the most popular CM in the country for third consecutive time, Mamata slips to 4th: India Today’s Mood of the Nation survey

Yogi Adityanath has emerged as the most popular Chief Minister in the country in the India Today 'Mood of the Nation' survey.

Elephant in viral video where a forest official was seen crying profusely over its death was injured by burning tyre in horrific attack: Details

An elephant has died in Masinagudi in the Nilgiri district of Tamil Nadu after locals attempted to chase it away with fire.

Pune restaurant launches ‘Bullet Thali’ challenge: Eat a 4 kg platter in 60 mins to win a Royal Enfield bike

The Pune restaurant owner conceptualised the 'Bullet Thali' challenge to bounce back after his business incurred huge losses amid the coronavirus pandemic

Ministers reportedly walk out of meeting after farmers refuse government’s proposal, 11th round of talks end in a stalemate

Protesting farmers do not agree to Govt's offer to put the farm laws on hold for two years and forming and committee

Connect with us

245,563FansLike
496,912FollowersFollow
22,900SubscribersSubscribe