Insta
Swarajya Staff
Apr 23, 2018, 01:08 PM | Updated 01:08 PM IST
Save & read from anywhere!
Bookmark stories for easy access on any device or the Swarajya app.
Vice President (VP) Venkaiah Naidu has rejected the Congress-led Impeachment motion against Chief Justice of India (CJI) Dipak Misra citing that the case has no legal standing and is hence neither desirable nor proper.
I have applied my mind to all 5 charges made out in Impeachment Motion&examined all annexed documents. All facts as stated in motion don't make out a case which can lead any reasonable mind to conclude that CJI on these facts can be ever held guilty of misbehavior: Vice President
— ANI (@ANI) April 23, 2018
Seven opposition parties, led by Congress, had filed a notice for the removal of CJI on basis of five alleged ‘misbehaviours’, making it the first time in the country’s history that such a motion was initiated against the top post of the Indian judiciary.
Naidu, being the VP, chairs the Rajya Sabha and rejected the motion after having detailed consultations with constitutional experts on the issue.
After having perused annexures to the Motion & having detailed consultations & having studied opinions of constitutional experts I am satisfied that admission of this notice of #ImpeachmentMotion is neither desirable nor proper: Vice President
— ANI (@ANI) April 23, 2018
Naidu took cognisance of Article 124(4)‘s language that mandates that a parliamentary procedure for an impeachment motion can be initiated only after there are instances of ‘proved misbehaviour’ and ‘incapacity’, as reported by Live Law.
Naidu noted that the impeachment notice constituted ‘mere suspicion, a conjecture or an assumption’ and couldn’t prove beyond reasonable doubt the alleged misbehaviours by the CJI, as conversations between entities with ‘dubious credentials’ couldn’t be considered as valid evidences.
“The allegations emerging from the present case have a serious tendency of undermining the independence of judiciary which is the basic tenet of the Constitution of India,” Naidu observed while rejecting the motion.
“We cannot allow any of our pillars of governance to be weakened by any thought, word, or action,” he added.
The VP’s decision has been backed by legal experts slamming the opposition parties for filing an unnecessary an ill-advised motion.
You know you don't have any ground, you know you can't impeach him. In spite of knowing all that still you go on & plunge in this ill-advised move. This can't be considered as a wise act: Justice (Retd) RS Sodhi on rejection of Impeachment Notice against CJI by VP Venkaiah Naidu. pic.twitter.com/WSoClgg65K
— ANI (@ANI) April 23, 2018