Unhappy at some recent judgments, Opposition trying to intimidate SC

The judiciary’s independence holds the key to upholding the rule of law. This is also the reason the institution is held in high esteem by people from different strata of society.

Written by Bhupender Yadav | Updated: April 26, 2018 10:41:19 am

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The present attempt of the opposition parties led by Congress can dent the faith of the masses in the Supreme Court, writes Bhupender Yadav. (Illustration: CR Sasikumar)

In its 68th year, India’s constitutional democracy can rely on the judiciary to be one of its pillars. Constitutional provisions mandating the judiciary’s independence, vis-a-vis other arms of the state, are among the main reasons for the institution holding its own in more than six decades. The judiciary’s independence holds the key to upholding the rule of law. This is also the reason the institution is held in high esteem by people from different strata of society.

However, the present attempt of the opposition parties led by Congress can dent the faith of the masses in the institution. The aim of the Opposition is only to settle political scores. These parties have gained nothing from this attempt, but in the process they have hurt one of the most respected institutions of Indian democracy —- the Supreme Court, which is regarded as the guardian of the Constitution. It is an institution that is responsible for protecting and upholding constitutional values.

The matter pertains to the notice of a motion initiated on April 20 by 64 Members of Parliament for the removal of Dipak Misra from the office of the Chief Justice of India (CJI). These MPs have alleged misbehaviour and incapacity on part of the CJI, but there is not an iota of proof to commensurate the allegations.

It is widely understood that a judge cannot be impeached merely on political grounds. The failure to remove Justice Samuel Chase as a sitting judge of the US supreme court, in an impeachment case in 1804, has cemented the principle in constitutional law that a judge cannot be removed because he is politically unpopular. It is broadly understood that judges can only be removed for misconduct. The Samuel Chase case remains the only case in a democracy where a judge has been sought to be impeached for a political purpose. No Constitution in the world allows impeachment on political charges. If a party is aggrieved by a judgment of the Supreme Court, the recourse lies in filing a review petition — definitely not by initiating an impeachment motion.

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The Rajya Sabha chairman has dismissed the motion. The Congress’s press conference has described his decision as unprecedented, illegal, ill-advised and hasty. These are baseless allegations. It is a statutory prerogative of the Rajya Sabha chairman under the Judges (Enquiry) Act, 1968 to take the final call on such motion. This preempts the allegation of illegality and being ill-advised. There was something very unparliamentary about the haste of the signatories to the motion. As the Rajya Sabha chairman observed, parliament customs and conventions are now well-established; they are delineated in the Handbook for Members of the Rajya Sabha. These customs and conventions have been disregarded. They prohibit the publicity of any notice submitted by a member till it has been admitted by the Chairman. This provision was completely disregarded and a media photo-op was staged, doubly jeopardising the dignity of the highest office of the apex court of the land on unsubstantiated charges. The chairman’s response was also directed to a spate of statements that seemed to vitiate the atmosphere and aimed at ending needless speculations.

The provisions enshrined by the legislature were for the ultimate purpose of protecting the sanctity and the integrity of the judiciary. Article 124 (4) of the Constitution elucidates that any sitting judge of a high court or the Supreme Court can be removed only on the grounds of “proved misbehaviour” or “incapacity”. The chairman after consultation with several legal luminaries and constitutional experts dismissed the motion instituted under the aegis of the Congress. This was because prima facie the allegations simply indicated mere suspicion, conjecture or assumption. These do not constitute proof beyond reasonable doubt. The chairman observed that “we cannot allow any of our pillars of governance to be weakened by any thought, word or action”.

Despite being well-accustomed to the constitutional slag against the motion, the opposition parties spearheaded by the Congress took this extreme step. Their move was supposedly in the backdrop of some recent judgments. The present motion is being used as a tool to intimidate and prejudice the Supreme Court. In the process, they have left no stone unturned to compromise the honour and spirit of the apex court. This has laid a wrong precedent that shall be mourned by generations to come.

After the rejection of motion, the Congress has alleged that the CJI is a “bench fixer”. This is nothing but a clear case of contempt. It is time to clean up the mess. Stern action must be taken against the people who are continuously sub-venting the sanctity of the apex court.

The writer is BJP national general secretary and MP Rajya Sabha

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