Congress-led Opposition pushes for CJI Dipak Misra's impeachment

Seven Opposition parties, led by Congress, made an unprecedented move on Friday and submitted to Vice-President and Rajya Sabha Chairman M Venkaiah Naidu a notice to seek Chief Justice of India (CJI) Dipak Misra's impeachment over a host of charges. The notice will become a motion only when Naidu takes it up. An impeachment motion has never been moved against the CJI. Union Finance Minister Arun Jaitley hit back and said the move was a serious threat to judicial independence and an attempt to intimidate a judge.

In all, 71 Rajya Sabha MPs have signed the notice, but seven of them have retired. However, for any such motion to be moved in the Rajya Sabha, only 50 such signatures are needed. Such a motion can be moved even when Parliament is not in session.

At a press conference, Congress leaders said the parties had to move the notice with a "very heavy heart" because CJI Misra has not "asserted the independence of judiciary in the face of interference by the executive".

"We wish this day had never come," said Congress leader Kapil Sibal, referring to the office of the CJI as an "exalted position" that needs to be tested by the "highest standards of integrity" and must be above "suspicion".

"As representatives of the people, we are entitled to hold the Chief Justice accountable just as we are accountable to the people. The majesty of the law is more important than the majesty of any office," Sibal reasoned, acknowledging that choice was not easy, because either way, the repercussions are serious.

Jaitley said in blog post that the Opposition's move is a serious threat to judicial independence. "It is a revenge petition after the falsehood of Congress in the Judge Loya case was established. It is an attempt to intimidate a Judge, and is a message to other judges that 50 MPs are enough for a revenge action," he said.

The seed for the move was sown by the Left parties in January, a few days after four topmost judges of the Supreme Court went public with the allegation that the Chief Justice was abusing his position as the "master of the roster", allocating sensitive cases to junior judges.

It fructified a day after when a three-judge bench led by CJI Misra summarily dismissed pleas seeking a probe into the death of CBI judge BH Loya, who was dealing with the high-profile Sohrabuddin Sheikh fake encounter case in which current BJP president Amit Shah was an accused and was later cleared.

The impeachment move seems to have drawn a lot from insinuations made against CJI Misra by the four judges who pointed to the impending danger to democracy if the institution of judiciary is not preserved.

"When the judges of the Supreme Court themselves believe that the judiciary's independence is under threat, alluding to the functioning of the office of the CJI, should the nation stand still and do nothing?" Sibal asked.

"We have more than the minimum requirement needed and we are sure that the Chairman (Rajya Sabha) will take action," said Leader of Opposition from Congress, Ghulam Nabi Azad, after submitting the notice to Naidu.

The MPs who signed the notice are from Congress, NCP, CPI(M), CPI, Samajwadi Party, Indian Union Muslim League (IUML) and NSP. There has been a clear division within Congress itself on the issue.

So far, no judge has been impeached in India, though proceedings have been initiated against some in the past.

If such a motion is admitted, a three-member committee of a senior Supreme Court judge, a High Court judge and a prominent jurist is formed to investigate the charges. If the committee agrees, then the matter is taken up for discussion in the House and must be passed by a special majority. The motion is then taken up in the next House where it needs to be passed by a two-thirds majority. When both Houses have passed it, the President is approached.

Impeachment is a long-drawn process that is unlikely to be completed in six months — the span of CJI Misra's remaining tenure . A senior Congress leader said the notice will symbolise a moment and serve as a warning to future top judges to use their authority judiciously.

Also, it is not possible for the Opposition to muster the two-thirds majority required in both Houses to push through the motion.

In the last case, Justice Soumitra Sen of the Calcutta High Court had tendered his resignation in 2011 after the Rajya Sabha passed the motion to impeach him. Justice V Ramaswami was the first judge against whom impeachment proceedings were initiated in 1993. These were cases that involved allegations of financial impropriety and extravagance.