DNA Edit: Chasing a mirage

The Congress’s efforts to move an impeachment motion against the Chief Justice of India, Dipak Misra, may kick up a storm in the short-term, but will eventually come a cropper. The checks and balances enshrined in the Constitution make the removal of a Supreme Court judge impossibly difficult. At the very least, it requires a special majority in both the Houses of Parliament. The cards are heavily stacked against the Congress and its allies since they lack numerical strength. The party’s decision has been criticised by a section of its own leadership as it sees the futility of the exercise.

But Rahul Gandhi and his cohorts will continue to tilt at windmills in the Don Quixote fashion. The grand old party is emboldened by the fact that the topmost judiciary is riven with internecine strife. The unprecedented revolt led by Justice J Chelameswar gave a generous glimpse into the degree of bitterness and disharmony among the finest legal minds of this country. Having said that, it must also be borne in mind the remedy proffered by Chelameswar, who urged for an internal audit of the system. Impeachment is untenable since the BJP is backing the CJI.

More importantly, Gandhi’s desperate attempts will have the undesirable effect of maligning the image of the judiciary even further. As Additional Solicitor General Satya Pal Jain observed, the charges against Justice Misra will not merit judicial scrutiny since they do not even remotely amount to misconduct or misdemeanour. These are truly dark days for the Supreme Court. The attacks from both within and outside of the hallowed institution have left it extremely vulnerable. But impeachment can’t be a solution to the crisis. However, the SC is in need of systemic reforms, which should also bring about a greater transparency in its style of functioning.