Vice President and Rajya Sabha Chairman M Venkaiah Naidu said on Monday that the impeachment motion against Chief Justice of India (CJI) Dipak Misra lacked substantial facts.
Naidu said, “I have applied my mind to all five charges made out in impeachment motion and examined all annexed documents. All facts as stated in motion don’t make out a case which can lead any reasonable mind to conclude that CJI …can be ever held guilty of misbehaviour.”
“After perusing annexures to the Motion, holding detailed consultations and having studied opinions of constitutional experts I am satisfied that admission of this notice of impeachment motion is neither desirable nor proper,” he said.
As per the Supreme Court officials, all judges of the apex court, including CJI Dipak Misra, held a 20-minute meeting, after the impeachment motion was rejected.
According to reports, Naidu, in his capacity as the Rajya Sabha Chairman, held broad consultations with legal and constitutional experts before coming to the conclusion.
The rejection of the notice comes a day after he held the consultations with such experts to determine the maintainability of the motion.
The Constitution says the CJI can be impeached only on grounds of proved misbehaviour or incapacity.
On April 20, the opposition parties led by Congress moved the impeachment motion in the Rajya Sabha, seeking the removal of CJI Misra under Article 217 read with article 124 (4) of the Constitution of India. The motion was signed by 64 sitting members of the House.
As per Article 124 (4), “A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.”