Anti-Muslim comments: INDIA Bloc MPs push for impeachment as calls mount to oust Allahabad Judge Shekhar Yadav | Mint

The Opposition INDIA Bloc parties in Rajya Sabha are planning to move a motion to impeach Allahabad High Court Judge Shekhar Kumar Yadav, who sparked a controversy last week with 'anti-Muslim' remarks at an event organized by the Vishwa Hindu Parishad (VHP).

Lok Sabha MP from Srinagar, Aga Syed Ruhullah Mehdi, announced that he would file a notice seeking the judge's removal. The National Conference leader said the Congress, Samajwadi Party, DMK and Trinamool Congress members have offered support for the impeachment motion in the House.

Justice Shekhar Kumar Yadav of the Allahabad High Court sparked a row when he said the country would function according to the wishes of the majority in India.

As many as 36 opposition MPs from different parties have already signed the petition, initiated by independent Rajya Sabha MP and lawyer Kapil Sibal. The opposition could move it today, December 12, after more signatures are collected. The INDIA bloc has 85 Members of Parliament (MPs) in the Rajya Sabha.

Leaders who have already signed the petition, according to a report in The Indian Expressinclude Digvijaya Singh, Jairam Ramesh and Vivek Tankha of the Congress, Sanjay Singh of the Aam Aadmi Party, Saket Gokhale and Sagarika Ghose of the Trinamool Congress, Manoj Kumar Jha of the RJD, Javed Ali Khan of the SP, John Brittas of CPI (M) and Sandosh Kumar of the CPI.

Charge under the Judges (Inquiry) Act

The notice seeks to initiate proceedings for impeachment of Judge Yadav under Section 3 (1) (B) of the Judges (Inquiry) Act, 1968 read with Section 124 (4) and Section 124 (5 ) of the constitution.

As per the provision of the law, a complaint against a judge must be filed through a resolution signed by at least 100 members if it is moved in Lok Sabha and by 50 MPs if it is moved in Rajya Sabha.

After the members move the motion, the Speaker of the House (Rajya Sabha in this case) can accept or reject it. Once the complaint is accepted, a three-member committee consisting of two judges and a lawyer will investigate the complaint and decide whether it is appropriate to begin the impeachment process.

The motion to impeach requires the support of a majority of not less than two-thirds of the members to be passed by the House of Representatives. Since the ruling National Democratic Alliance (NDA) has a majority in both Houses of Parliament, the motion is likely to be rejected.

So far, there have been four attempts to impeach Supreme Court justices and two to remove Supreme Court justices. The last instance was in 2018 against the then Chief Justice of India, Dipak Misra. No motion has ever approved this process.

What did Justice Yadav say?

Justice Yadav delivered a lecture on the constitutional need for a uniform civil code at an event organized by the VHP in Prayagraj on December 8.

“I have no hesitation in saying that this is Hindustan, this country would function according to the wishes of the bahusankhyak living in Hindustan. This is the law. You can't say you're saying this as a Supreme Court justice. The law actually works according to the majority. Look at it in the context of the family or society…Only what benefits the well-being and happiness of the majority will be accepted,” he said at the event, according to the legal news website. Live law.

The comments sparked a row with Hyderabad MP Asaduddin Owaisi saying India's Constitution is not a majoritarian but a democratic constitution. “In a democracy, the rights of the minority are protected. As Ambedkar put it, “…just as a king has no divine right to rule, so a majority has no divine right to rule,” the Hyderabad MP said.

Lawyer and activist Prashant Bhushan wrote to Chief Justice of India (CJI) Sanjiv Khanna requesting an “internal inquiry” into Justice Yadav's conduct.

On December 10, the Supreme Court of India contacted the Allahabad High Court regarding the issue. The apex court took note of reports quoting the speech delivered by Justice Shekhar Kumar Yadav at a VHP event and sought additional details.