Even as serious questions are being raised on the independence of the judiciary in India, not surprisingly a political slugfest has erupted over the opposition’s impeachment move to remove CJI, Dipak Misra.
While the office of the CJI is in the dock, the Vice President’s decision to reject the plea has now prompted the opposition to further take up the case with the apex court sometime soon.
Seven political parties had pushed for impeachment on grounds of alleged misbehaviour and misuse of authority.
The parties met Vice-President and Rajya Sabha chairman M. Venkaiah Naidu to move a motion seeking the CJI’s impeachment.
While the opposition was expecting a positive outcome, the Rajya Sabha chairman has rejected the call for impeachment saying there is not enough proof to push for impeachment. The political parties that are part of the move, besides the Congress, are the Nationalist Congress Party, Bahujan Samaj Party, Communist Party of India, Communist Party of India (Marxist), Samajwadi Party and Indian Union Muslim League.
Among the multiple charges that Misra faces are involvement in a conspiracy to pay bribes in relation to a medical admission scam, dealing with a case under the scope of investigation, antedating an administrative order of 6 November 2017 and alleged abuse of administrative power in allocating cases in the Supreme Court.
He is also embroiled in a land allotment case in Odisha where lease of land allotted to him was cancelled by state government owing to irregularities.
Section 124(4) of the Constitution outlines the process of impeachment of the CJI on the ground of “proven misbehaviour or incapacity”.
Misra’s days as CJI have been replete with controversies. His name featured in former Arunachal Pradesh CM Kalikho Pul’s purported suicide note along with other judges.
In 2016, an Odisha-based activist, Jayanta Kumar Das, wrote to the then-CJI, saying Misra had misrepresented facts in trying to get hold of public land meant to be distributed to the landless poor.
Even as eminent jurists like Shanti Bhushan questioned Misra’s probity, he went on to become the CJI.
Misra did a U-turn from his predecessor’s stand on the controversial Hadiya case. Misra has dedicated most of his judicial time to Constitution bench hearings.
Misra was appointed last August and is due to retire in October. His office has said he would not comment on the impeachment motion.
Justice J Chelameswar, along with justices Ranjan Gogoi, Madan B Lokur and Kurian Joseph on January 12, held a press conference over the allocation of cases by the CJI and other issues.
The four said the situation in the top court was “not in order” and many “less than desirable” things have taken place.
To avoid the issue from snowballing into a major political controversy, the CJI Dipak Misra and the judges in the Supreme Court have agreed to set up an informal four-member team to resolve concerns.
The team of justices A K Sikri, U U Lalit, D Y Chandrachud and Sanjay Kishan Kaul will engage with other judges and collate their grievances and suggestions and bring them up for discussion.
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