In response to Shekhar Kumar Yadav’s divisive remarks about the Muslim community at an event hosted by the Vishwa Hindu Parishad, more than 55 opposition MPs from the Upper House, or Rajya Sabha, sent a notice of impeachment to the House’s secretary general.
Judges who violate the Indian Constitution after taking an oath must be removed from office, according to Kapil Sibal, a Rajya Sabha MP and signatory to the notice for impeachment.
What has transpired thus far: The motion was filed a few days after the Supreme Court received information about remarks made by Justice Yadav in a speech he gave on December 8.
• The reports say that Justice Yadav made a number of controversial remarks against the Muslim community, UCC, and the function of majority rule in India. There are video snippets of Justice Yadav’s speech that purport to show him using derogatory language and stating that the nation must operate in accordance with the aspirations of the majority.
• The speech mentioned triple talaq and halala customs, which must be prohibited, as well as remarks like “This is Hindustan, and this country would function as per the wishes of the ‘bahusankhyak’ [majority].”
What Does the Law Say About Judge Removal?
• A judge may be removed from office on the grounds of proven misconduct or incapacity, as stipulated by Article 124(4) of the Constitution.
• Such behaviors that compromise judicial ethics, impartiality, and public confidence in the judiciary would fall under the definition of “misbehavior” as stated above.
The Justice Yadav response
Justice Yadav was questioned by Chief Justice Arun Bhansali of the Allahabad High Court on his remarks at the Vishwa Hindu Parishad gathering. In response, Justice Shekhar Kumar Yadav stated that he stands by his statements, which, in his opinion, did not contravene any judicial conduct rules.
Prior instances of impeachment:-
• In 1993, V Ramaswami was the target of an impeachment motion in the Lok Sabha, which was unsuccessful in obtaining the necessary two-thirds majority in the legislature.
• Soumitra Sen of the Calcutta High Court was the first judge to be impeached in the Upper House when the Rajya Sabha voted a motion against him for misconduct in 2011. However, he resigned before the motion could be passed in the Lok Sabha.
• On the basis of suspected judicial wrongdoing, procedures were started once more in 2011 to remove Sikkim High Court Judge PD Dinakaran; however, they were put on hold after he resigned.
• A few members of the Upper House filed a motion in 2015 to remove Gujarat High Court judge JB Pardiwala for making some “objectionable remarks on the issue of reservation.” The motion was not pursued after the judge in question removed the offensive statement from the ruling.
• Andhra Pradesh and Telangana High Court Judge CV Nagarjuna Reddy was the target of an impeachment resolution filed by Rajya Sabha MPs in 2017.
• An impeachment motion against then-CJI Dipak Misra was proposed by the opposition parties in March 2018.
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