Impeachment motion against CJI a political move: Constitution expert

ANI | Updated: Apr 20, 2018 17:37 IST

New Delhi [India], Apr 20 (ANI): Taking a strong exception to the impeachment motion moved against Chief Justice of India (CJI) Dipak Misra, constitution expert Subhash C Kashyap on Friday called it a political move intended to embarrass the judiciary and the government.

"It is entirely a political move to embarrass the judiciary, to lower the prestige of the judiciary and to embarrass the government," Kashyap told ANI.

He explained that there is a provision for removal but not impeachment of a Judge in the Constitution, on ground of incapacity and misbehaviour, and continued, "So, the Chairman may even reject the application of Opposition."

Earlier in the day, the Opposition moved an impeachment motion in the Rajya Sabha seeking the removal of CJI Dipak 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." (ANI)