Explained: How The Chief Justice of India Can Be Impeached

Chief Justice of India Dipak Misra

The Opposition parties submitted a petition with 71 signatures to Vice President Venkaiah Naidu, the chairman of the Rajya Sabha in Parliament, out of which 7 had to be nullified since the MPs have retired, leaving the final number at 64. Senior Congress leader Ghulam Nabi Azad has convened this meeting of opposition parties.

After seven l opposition parties, including the Congress, submitted a notice for the impeachment of the CJI to Vice President Venkaiah Naidu, Congress leader Kapil Sibal confirmed this at a press conference.

Questions on Justice Misra's credibility were first raised in January when four top judges of the Supreme Court held an extraordinary press conference and alleged that the former was abusing his position as the "master of the roster".

Lawmakers from Congress, Nationalist Congress Party (NCP), Communist Party of India (Marxist) (CPI-M), Communist Party of India (CPI), Samajwadi Party (SP), Bahujan Samaj Party (BSP) and Muslim League had signed the notice.

Chief Justice of India Dipak Misra is in the line of fire of the Opposition parties led by the Congress. According to reports, over 60 MPs have signed the petition till now.

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How is a judge impeached in India?

The order can be issued following an address the Parliament which is supported by a special majority of each house- a majority of the total membership of that House and a majority of not less than two-thirds of the members of that house present and voting.

The Speaker or the Chairman can accept or reject the notice of the motion for Impeachment of the CJI or any other Supreme Court judge.

The inquiry committee comprises a senior judge of the Supreme Court, a judge of a high court and a distinguished jurist. If introduced in the Lok Sabha, it needs 100 MPs. In case he finds merit, then he may form a committee to look into it, else he can reject it.

The SC judgement was delivered by a bench headed by the Chief Justice of India.

The Congress leader further said that 64 sitting members of the House signed the motion, against the minimum of 50 required for a motion to be entertained by the chairman. "When asked, they expressed dissatisfaction at the manner in which Late Judge Loya's case was being dealt with at the time", the letter read.

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