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Opposition Parties Initiate Impeachment Procedure Against Chief Justice of India

Impeachment motion against CJI

The erosion of institutions - Parliament and Supreme Court in particular, which has been an act in motion - has led to a denouement in the unprecedented notice for CJI's impeachment or removal. If he is not convinced, the complaint will not proceed any further.

It proves that the decision to seek removal of CJI Misra has been planned and moved by the Congress and a section of Opposition with clear intent of embarrassing him.

A total of 71 MPs of the Opposition-dominated Rajya Sabha, which included the Indian National Congress, Nationalist Congress Party Communist Party of India-Marxist, Communist Party of India, Samajwadi Party and the Bahujan Samaj Party (BSP), signed the notice. In addition, the Bharatiya Janata Party, so as to derive political mileage, is bound to project the Congress measure of displacement of the CJI as its attempt to delay the judicial process regarding the settling of the Ramjanmabhumi-Babri Masjid dispute.

This public display of cracks within the opposition might be interpreted negatively by the party faithfuls who were euphoric about the hemming in of the NDA before the 2019 general elections through several horrific instances, including the Kathua and Unnao rapes. ADMK and TRS are also in this bloc and so far TDP has not indicated whether it will be part of the move.

Meanwhile, a section of Congress leaders have begun questioning the "legitimacy" of their party's imepachment motion against CJI Dipak Misra with former Prime Minister Dr Manmohan Singh not putting his name in the list of signatories in the notice.

The four judges - Justices Jasti Chelameswar, Madan B Lokur, Ranjan Gogoi and Kurien Joseph - had accused the CJI of ignoring the seniority of the bench while allocating "sensitive cases".

Kashyap said the move is "pure party politics".

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In such a situation it is important to know how a Supreme Court judge can be removed? Naidu is likely to form a committee to look into the matter and will decide if there is any merit of ground to take such a major step against CJI Misra.

A senior Congress leader said on the condition of anonymity that the timing of the declaration to proceed against Dipak Misra was inapt since in public perception it would get linked to the Supreme Court's dismissal of the Justice Loya case.

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. "I am sure that the minimum requirement for the motion to be entertained has been met and sure that chairman will take action", Nabi was quoted as saying by NDTV.

To move an impeachment motion against the CJI, the signatures of 100 MPs are required in the Lok Sabha or 50 in the Rajya Sabha.

Those against the move argued that "not only does Congress not gain anything elecotrally, but will also be setting a bad precedent of abusing the impeachment provision". We want him to withdraw from discharging his duties, " said Sibal.

Whether it was petitions for a probe into the Loya death case or the charges against Kadnani, they were all fabricated cases, she said. Once they submit their report, both Houses of Parliament need to pass the motion not only separately but with a special majority, which the Opposition lacks.

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