Why Venkaiah Naidu rejected impeachment notice against CJI Dipak Misra

Why Venkaiah Naidu rejected impeachment notice against CJI Dipak Misra

In : Politics By storytimes About :-6 months ago

Most discussed by the Chairman | New Delhi

Vice President and Rajya Sabha Chairman Venkaiah Naidu rejected the impeachment motion of the Opposition, led by Congress, against Chief Justice Deepak Mishra after a long discussion. In the order of the 10th Vice-President, in the order of his 10-page, he told 22 reasons for defying all charges of the Opposition as baseless and said that he can not allow impeachment against Chief Justice.
This notice was signed by 64 members. For this, there was a need to consider under Section 3 (1) of the Judge Inquiry Act. Explain that under this act, any kind of charges against judges is investigated. Since the opposition had handed over the notice of impeachment to the Chairman of the Rajya Sabha with the sufficient number of power, Naidu discussed it for everyone.


2- Since this proposal was directly against Chief Justice, no legal opinion could be obtained from them in this case. I discussed it with experts of law, constitutional experts and the Rajya Sabha and former General Secretaries of the Lok Sabha. Discussion with former Law Officers, Law Commission members, and famous jurists.
 Impeachment motion

3- I also studied the present provisions of constitutional proposals and removal of judges. After the full investigation, I agree that this notice is not correct.

4-MPs may be in their proposal, it seems. I believe this to be the imagination. There is no evidence with these allegations. These are all baseless.

5- I have detailed discussion on this proposal from many lawmakers, many people. I personally considered every charge. After the full consultation, I came to the conclusion that this proposal can not be accepted.

Supreme 6 has the right to the Chief Justice and it is a Master of Roster. In the case of the recent Kamini Jaiswal v. Union of India on November 14, 2017, a bench of 5 judges had remarked that Chief Justice First Amang is equal. As far as the roster is concerned, the Chief Justice has the authority to constitute a bench and to split the case. It is clear that this is an internal matter of the court and the court can decide on its own. After reading the 5 allegations of the Opposition, I believe these allegations cannot be accepted. Such allegations hurt the judiciary's independence, which is the basic spirit of the Indian Constitution.


7-I have considered me on every charge. I studied every paper involved with the proposal. I believe that Chief Justice cannot be convicted of misbehavior on the basis of these papers.

8- Before taking such a decision against the highest court of the country's Supreme Court, the opposition should have considered it closely. Because such a proposal reduces trust in the judiciary of ordinary people.

9-There is a whole parliamentary tradition for this kind of proposal. This is mentioned in paragraph 2.2 of the Handbook of the members of the Rajya Sabha. This paragraph prevents publication of such notice. On April 20, the members called a press conference and shared the content after giving this notice to me in this case. It was against the tradition of Parliament. For this reason, I had to take a decision immediately, so that speculation was stopped in this case.

10-After considering all the facts, I do not approve of this notice.