In an impeachment resolution filed in the Rajya Sabha on Friday, opposition MPs demanded that Justice Shekhar Kumar Yadav of the Allahabad High Court be removed. This comes after he made contentious remarks supporting the idea that the majority should rule the nation.
Congress leaders P Chidambaram, Digvijaya Singh, Jairam Ramesh, Vivek Tankha, and Randeep Singh Surjewala; AAP members Sanjay Singh and Raghav Chadha; TMC members Saket Gokhale and Sagarika Ghose; RJD members Manoj Kumar Jha; SP members Javed Ali Khan; CPI(M) members John Brittas; and CPI members Sandosh Kumar have all signed the motion, which was started by independent MP Kapil Sibal.
On Friday, Kapil Sibal and fifty-five Rajya Sabha MPs presented the motion to the Secretary General. The motion is expected to be debated before the conclusion of Parliament’s winter session.
Justice Yadav’s remarks at a Vishwa Hindu Parishad (VHP) event on Sunday, in which he endorsed a Uniform Civil Code (UCC) and proposed that legislation should represent the wishes of the majority, sparked the issue. Opposition politicians have criticised these comments heavily, calling them divisive and unconstitutional. Prashant Bhushan, an activist and lawyer, wrote to Chief Justice of India Sanjiv Khanna earlier this week to request an investigation into the judge’s actions. He claimed that Yadav’s remarks were discriminatory and specifically targeted the Muslim minority. Justice Yadav has been at the focus of controversy at least once before. His remarks regarding the sanctity of cows at a case on cow slaughter in September 2021 drew outrage.
According to the Constitution, a judge can only be removed by a presidential order that comes after both Houses of Parliament have addressed the matter. At least two-thirds of the members who are present and voting must support the motion, in addition to a majority of each House’s overall membership. The President must receive the motion within the same session. Judicial impeachment is an uncommon and difficult procedure because the grounds for removal are restricted to demonstrated misconduct or incapacity.
