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Dismissing notice for impeaching CJI not hasty: Venkaiah Naidu

Dismissing notice for impeaching CJI not hasty: Venkaiah Naidu

Vice President and Rajya Sabha Chairman Venkaiah Naidu's rejection of Congress-led Opposition's impeachment motion against Chief Justice of India (CJI) Dipak Misra may have an impact on political discourse, especially when all the political parties have already begun preparations for 2019 general elections.

He also termed the upper house chairman's decision as "ill-advised", saying that he should have consulted the judges in the collegium taking a call on the privilege motion.

On Monday, Naidu had rejected the notice by Congress-led seven Opposition parties to impeach Chief Justice Misra on five grounds of "misbehaviour" as he said the allegations were neither "tenable nor admissible". CJI Misra held the meeting within hours of Vice-President Venkaiah Naidu rejecting the impeachment motion against him.

"Some members of the House had a point of view and the right to express it while I had a responsibility cast on me".




He said that the vice president took the decision after due consideration. Assumptions, innuendoes, conjecture and unsubstantiated charges can not become the basis for impeaching Chief Justice of the highest court of the land.

The Rajya Sabha Chairman said after having perused annexures to the motion, detailed consultations and studied opinions of constitutional experts, he was "satisfied that admission of this Notice of Motion is neither desirable nor proper". BJP had latched on to that comment during the Gujarat elections to question Congress if this was the party's official line.

"I told Sonia Gandhi, Rahul Gandhi not to go for impeachment", Banerjee said. The Supreme Court said it was also salutary that before admitting the motion to remove a judge there shall exist factual foundation. "It is imperative that we have extraordinary, important and substantial grounds for the removal of a judge", said Naidu, pointing out that such a reason was missing in the Opposition's petition. "The misconceived motion for the impeachment of the Chief Justice of India is just one example of this", said, Jaitley, who is also Leader of the Rajya Sabha.

Naidu referred to the adverse consequences of constitutional functionaries not acting in time as in the case of defections in some States resulting in subversion of the spirit of the laws. Various articles of the constitution seek to protect the independence of judiciary by providing appropriate safeguards against unwarranted interference either by Legislature or the Executive, with the Judges conditions of service and privileges incidental to the membership of the Constitutional Courts.


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