Introduction: INDIA Bloc Moves to Impeach Allahabad HC Judge Shekhar Yadav Over Controversial Speech
The opposition INDIA bloc is gearing up to initiate impeachment proceedings against Allahabad High Court judge Justice Shekhar Kumar Yadav. This move comes in response to a controversial speech he made targeting minorities at an event organized by the Vishwa Hindu Parishad’s legal cell on 8 December.
Gathering Support for Impeachment
Opposition MPs have revealed that they are working towards moving a notice in both the Rajya Sabha and the Lok Sabha against Justice Yadav by Thursday. Nearly 40 MPs from various parties, including the Congress, All India Trinamool Congress, CPI(M), CPI, RJD, AAP, and SP, have already signed a petition in the Upper House.
Under the Judges (Inquiry) Act, 1968, a notice requires at least 50 signatures to be considered for admission by the Rajya Sabha Chairman. Simultaneously, efforts led by National Conference MP Ruhullah Mehdi are underway to move a motion against Yadav in the Lok Sabha.
Key Signatories and Charges
In the Rajya Sabha, signatories from the Congress include Vivek Tankha and Renuka Chowdhury, along with Manoj Jha of the RJD, John Brittas of the CPI(M), AAP’s Sanjay Singh, and Javed Ali Khan of the Samajwadi Party. In the Lok Sabha, efforts are also gaining momentum, with All India Trinamool Congress MP Mahua Moitra posting on ‘X’ that all TMC MPs have signed the petition against Yadav.
The charges against Yadav, as outlined in the notices, are nearly identical in both Houses. He is accused of delivering hate speech and spreading communal disharmony through his remarks at the VHP event held on Allahabad High Court premises. Additionally, he is condemned for using derogatory language against the Muslim community, rendering him “incapable of serving as a non-partisan judge as required under Article 14 of the Constitution.” Yadav is also accused of endorsing political issues and supporting the ideological position of the Vishwa Hindu Parishad.
Controversial Remarks
At the VHP event, Justice Shekhar Yadav stated that the country should function according to the wishes of the majority. “I have no hesitation in saying that this is Hindustan, this country would function as per the wishes of the bahusankhyak (majority) living in Hindustan. This is the law. You can’t say that you are saying this being a high court Judge. The law, in fact, works according to the majority,” he said.
ThePrint previously reported that Shekhar Yadav also remarked that while children in one community are taught tolerance and kindness, children in another community are shown the slaughter of animals from a young age, questioning how they can be expected to be kind and generous.
Impeachment Process
In the Lok Sabha, at least 100 signatures are required for such a petition to be admitted by the Speaker. If the motion is admitted, the Speaker is supposed to form a three-member committee comprising a Supreme Court judge, the Chief Justice of a high court, and a distinguished jurist to frame charges against the judge based on which the investigation is proposed to be held.
After giving the judge Shekhar Yadav an opportunity to respond, the committee shall submit its report. If the report finds the judge “guilty of any misbehavior,” it shall be taken up for consideration and debated. Under Article 124(4) of the Constitution, the motion for removal would need to be supported by a majority of the total membership of both Houses and “by a majority of not less than two-thirds of the members of the House present and voting.”
Supreme Court and Bar Council Reactions
On Tuesday, the Supreme Court took note of Shekhar Yadav remarks and sought details about the proceedings of the event from the Allahabad High Court. The Bar Council of India has also condemned Yadav’s remarks.
Conclusion: A Significant Move by the Opposition
The INDIA bloc’s move to impeach Justice Shekhar Kumar Yadav highlights the ongoing political dynamics and the importance of maintaining judicial impartiality. As the proceedings unfold, the outcome will be closely watched by political observers and the public alike.
More to read https://www.indiacode.nic.in , https://www.barcouncilofindia.org
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