Opposition On Impeachment Spree: After Dhankhar, INDI Alliance Plans Similar Move Against Allahabad HC Judge Over 'Majoritarian' Remarks

The INDI Alliance leaders within the Rajya Sabha are gearing up to issue a notice for the initiation of an impeachment motion against Justice Shekhar Kumar Yadav of the Allahabad High Court for his allegedly 'majoritarian' remarks.

The comments, made at an event hosted by the Vishwa Hindu Parishad (VHP) the previous week, supported the Uniform Civil Code (UCC) and said that the country should run as per the wishes of the majority.

According to Indian Express, a petition initiated by an independent member of parliament (MP) in Rajya Sabha and lawyer, Kapil Sibal, has already been signed by 36 Opposition MPs from various parties.

The Opposition is expected to present it on Thursday (12 December) once they've collected more signatures. The INDI Alliance currently holds 85 seats in the Rajya Sabha.

The list of those who have already signed includes Digvijaya Singh, Jairam Ramesh, and Vivek Tankha from the Congress and Sanjay Singh from the Aam Aadmi Party (AAP) and Communist leaders John Brittas and Sandosh Kumar.

Saket Gokhale and Sagarika Ghose from the Trinamool Congress (TMC), Manoj Kumar Jha from the Rashtriya Janata Dal (RJD) and Javed Ali Khan from the Samajwadi Party (SP) have also signed.

The call to action requests the commencement of impeachment proceedings against Justice Yadav, as per Section 3(1)(B) of The Judges (Inquiry) Act, in conjunction with Articles 124(4) and 124(5) of the Constitution.

According to the Judges Inquiry Act of 1968, any grievances against a judge must be submitted via a resolution. This resolution must carry the signature of a minimum of 100 MPs if it is proposed in the Lok Sabha, and at least 50 MPs if it is introduced in the Rajya Sabha.

Insiders from the Opposition quoted by Indian Express have stated their intentions to include video clips and transcripts of Justice Yadav's contentious speech, as well as links to related news articles.

The move comes amid the Opposition preparing to submit a notice for the impeachment of Rajya Sabha Chairman and India's Vice President Jagdeep Dhankhar under Article 67(b) of the Constitution.

The process

When the motion is submitted by the MPs, the House's presiding officer has the discretion to either approve or deny it. If approved, a committee of three members, which includes two judges and a jurist, is assembled to investigate the complaint and decide whether it qualifies for the commencement of the impeachment process.

If the complaint is against a High Court judge, the committee is composed of a Supreme Court judge and the Chief Justice of a High Court. However, if the complaint is against a sitting judge of the apex court, the committee will consist of two Supreme Court judges.

According to Article 124 (4) of the Constitution, an impeachment motion requires the backing of a majority of the total members of the House and at least two-thirds of the members who are present and voting. This rule applies to both the Lok Sabha and Rajya Sabha.

Considering the BJP-led National Democratic Alliance's majority in both Houses, it's improbable that the impeachment motion will pass in either the Lok Sabha or Rajya Sabha.

To date, there have been four impeachment attempts against High Court judges and two against Supreme Court judges. The most recent of these was in 2018, targeting the then Chief Justice of India, Dipak Misra. However, none of these motions have successfully completed the entire process.