Opposition parties said their decision to submit a notice to impeach Chief Justice of Supreme Court Dipak Misra was part of their obligation to protect the Constitution of the country and its institutions
They said they had taken such a step “with a heavy heart”.
“We wish this day had never come. In the framework of our constitutional fabric the judiciary holds a very special place. Its independence is a constitutional imperative without which democracy will flounder,” said senior MP and lawyer Kapil Sibal, who addressed the media after submitting the notice.
“Since Chief Justice Dipak Misra was appointed to this high office, there have been situations when questions have been raised about the manner in which he has dealt with certain cases and taken certain administrative decisions. There have been internal rumblings resulting in open discord amongst judges in the Supreme Court,” he said.
Referring to the January 12 press conference by the apex court’s senior-most judges, who publicly expressed their disquiet about the CJI’s exercise of his powers, Sibal said more than three months had passed, but nothing changed.
“Recent communications of two senior judges to the Chief Justice reveal that the Chief Justice has not asserted the independence of the judiciary in the face of interference by the executive,” he added.
Leader of Opposition in the Rajya Sabha Ghulam Nabi Azad said they had sought Misra’s removal under Article 270, read with Article 124 (4) of the Constitution of India. “...the number required for the Chairman to take action or to entertain the motion has to be a minimum of 50 members...we have submitted a motion signed by 71 members of Parliament,” Azad said.
“The Constitution allows only one recourse to remedy the situation. Since there is no other way to protect the institution except to move an impeachment motion, we, members of the Rajya Sabha, do so with a heavy heart,” Sibal said.
“We took upon ourselves to move the impeachment motion in the background set out above but on the basis of charges of acts of misbehaviour that are set out in the impeachment motion,” Sibal said.