Oppn submits notice in RS to dismiss HC judge | Latest news India

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Rajya Sabha MP Kapil Sibal, a signatory to the notice, said judges who fail to follow the Constitution after taking oath should be removed from office.

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“We have issued a notice to the general secretary of the Rajya Sabha to remove Allahabad High Court judge Justice Shekhar Kumar Yadav. He gave an incendiary speech on December 8 in the premises of the high court. When a judge is appointed, he takes an oath to protect the Constitution, and if a judge, after taking an oath to protect the Constitution, fails to respect it and disregards that oath, then we believe that such a judge should not be allowed to hold this position and he should be fired,” he said.

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Sibal, a former Union law minister and now an independent MP in the Upper House, said the Supreme Court should also order the judge’s removal and he should not be given any task until a decision be made on the motion.

“This is not a political question but a question of protecting the Constitution and the independence of the judiciary. We urge Prime Minister Narendra Modi, Union Home Minister Amit Shah and ruling party leaders to join us in protecting the Constitution,” he said.

Under Article 124(4) of the Indian Constitution, a judge can be removed from office on the ground of misconduct or proven incapacity. The term “misconduct” encompasses actions that undermine judicial ethics, impartiality, and public confidence in the justice system.

An impeachment motion against V Ramaswami was moved in 1993 in Lok Sabha, but failed to obtain the required two-thirds majority. A petition against Soumitra Sen of the Calcutta High Court was filed and passed in the Rajya Sabha. He was the first judge to be impeached by the Upper House for misconduct, but he resigned in 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 after his resignation due to lack of confidence in the impartiality of the commission. investigation.

In 2015, a section of MPs moved a motion in the Rajya Sabha against JB Pardiwala of the Gujarat High Court for his “objectionable remarks on the reservation issue”. It was not acted upon after he withdrew the statement from the judgment.

In 2017, Rajya Sabha MPs moved a motion to initiate impeachment proceedings against CV Nagarjuna Reddy from the Andhra Pradesh and Telangana High Court. In March 2018, opposition parties signed a draft proposal to move an impeachment motion against CJI Dipak Misra.

The move comes days after the Supreme Court took cognizance of reports regarding the remarks made by Justice Yadav in his speech on December 8. Justice Yadav has made controversial statements on the Muslim community, the UCC and the role of majority rule in India. Video clips of his speech show him insulting and asserting that the country must operate according to the wishes of the majority.

Justice Yadav’s speech included comments such as: “We are in Hindustan, and this country would function according to the wishes of the ‘bahusankhyak’ (majority)”, and references to practices such as triple talaq and halala, which he believes should not be allowed. .