NEW DELHI: The Congress and 6 other opposition events on Friday moved a word for the impeachment of leader Justice of India (CJI) Dipak Misra, accusing him of five counts of “misbehaviour” and “misusing” authority.
The competition events met vice chairman and Rajya Sabha Chairman M Venkaiah Naidu and surpassed over a observe for the impeachment of the CJI with signatures of sixty four MPs of the higher residence.
No leader Justice has ever been impeached in India and any choice on the notice through the competition events towards the CJI is likely to be taken through the vice chairman following legal consultations.
Article 124(4) of the charter lays down the system for elimination of a decide of the excellent courtroom, which includes the CJI, who may be impeached on grounds of “misbehaviour or disability”.
right here’s how the system works:
Step 1: A removal movement signed via one hundred members of Lok Sabha or 50 contributors of Rajya Sabha has to be submitted to the Speaker of the lower house or Chairperson (ie vice chairman) of the higher house. this may be in either of the homes of Parliament.
Step 2: The Speaker/Chairperson can both accept or reject the movement.
Step three: If the motion is admitted, then the Speaker/ Chairperson paperwork a 3-member committee comprising a senior decide of the preferrred court docket, a choose of a high court and a prominent jurist to research the prices leveled towards the CJI.
Step four: If the committee supports the motion, it may be taken up for dialogue. It should be surpassed via a unique two-third majority of MPs in both the Lok Sabha and Rajya Sabha.
Step five: After it is surpassed in each homes, it is provided to the President, who can skip a Presidential Order for elimination of the CJI.