Oppn submits notice in RS to impeach HC judge
Over 55 Opposition MPs in Rajya Sabha filed an impeachment notice against Allahabad HC Judge Shekhar Kumar Yadav for his remarks on the Muslim community.
More than 55 Opposition lawmakers from the Rajya Sabha on Friday submitted a notice to the secretary general of the Upper House for the impeachment of Allahabad high court judge, justice Shekhar Kumar Yadav, over his controversial remarks at an event organised by the Vishwa Hindu Parishad last week.
Rajya Sabha MP Kapil Sibal, who is a signatory of the notice, said that judges who disrespect the Constitution after taking an oath should be removed from their post.
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“We have given a notice to the Rajya Sabha secretary general to impeach Allahabad high court judge, justice Shekhar Kumar Yadav. He had given an inflammatory speech on December 8 at the high court premises. When any judge is appointed, he takes an oath to protect the Constitution, and if a judge after taking the oath to protect the Constitution disrespects it and disregards that oath, then we believe that such a judge should not be allowed to hold that post and he should be removed,” he said.
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Sibal, a former Union law minister who is now an independent MP in the Upper House, said the Supreme Court should also order the removal of the judge and he should not be assigned any work until a decision is taken on the motion.
“This is not a political issue but an issue of protecting the Constitution and the independence of the judiciary. We urge Prime Minister Narendra Modi, Union home minister Amit Shah and leaders of the ruling party to join us in protecting the Constitution,” he said.
Under Article 124(4) of the Constitution of India, a judge may be removed from office on grounds of proved misbehaviour or incapacity. The term “misbehavior” encompasses actions that undermine judicial ethics, impartiality, and public trust in the judiciary.
Impeachment motion against V Ramaswami was brought in 1993 in Lok Sabha but failed to secure the required two-thirds majority. A motion against Soumitra Sen of the Calcutta high court was moved and passed in the Rajya Sabha. He was the first judge to have been impeached by the Upper House for misconduct, but he resigned 2011, before the motion could be voted on in the Lok Sabha.
Proceedings were initiated against Sikkim high court judge, PD Dinakaran, in 2011, for alleged judicial misconduct but his removal was halted following his resignation, on grounds of lack of faith and confidence in the impartiality of the Inquiry Committee.
In 2015, a motion by a section of MPs was moved in Rajya Sabha against JB Pardiwala of the Gujarat high court for his “objectionable remarks on the issue of reservation”, it was not followed up after he removed the statement from the judgment.
In 2017, Rajya Sabha MPs moved a motion to initiate impeachment proceedings against CV Nagarjuna Reddy of the high court for Andhra Pradesh and Telangana. In March 2018, opposition parties signed a draft proposal for moving an impeachment motion against CJI Dipak Misra.
The move comes days after the Supreme Court took cognisance of reports surrounding remarks made by justice Yadav in his December 8 speech. Justice Yadav made contentious statements about the Muslim community, the UCC, and the role of majority rule in India. Video clips of the speech show him allegedly using slurs and asserting that the country must function according to the wishes of the majority.
Justice Yadav’s speech included comments such as, “This is Hindustan, and this country would function as per the wishes of the ‘bahusankhyak’ [majority],” and references to practices such as triple talaq and halala, which he argued should not be permitted.
