Impeachment motion against CJI: If foiled in Rajya Sabha, Congress to move SC

NEW DELHI: Congress is considering moving the Supreme Court if its petition for the impeachment of Chief Justice of India Dipak Misra is turned down by the Vice-President, a move which underlines the party’s intent to keep him in focus.

The party is likely to take a final call on whether to file the impeachment petition with the chairman of the Rajya Sabha on Monday. A document signed by the requisite number of MPs is learned to be ready with the opposition bloc that Congress heads.

However, the grouping has already discussed the next steps it may take if the RS chairman dismisses the notice.

The head of the Upper House has the discretion to accept or reject a motion for impeachment of the CJI, with the Lok Sabha Speaker having a similar prerogative with regard to a motion brought in the Lower House.

The ruling camp has already indicated that the move may not pass muster with the RS chairman.

If that happens, top strategists believe they should move the SC with the plea that the RS chairman’s decision was unreasonable and unacceptable, and should be overturned.

Article 105 of the Constitution bars the judiciary from interfering in the proceedings of legislatures. However, legal eagles in the opposition have argued that acceptance or rejection by the RS chairman of a motion for removal does not constitute part of parliamentary proceedings but falls under the ambit of “administrative action” and can, therefore, be challenged in court.

“We can move court on the decision of the House chairman, if it comes to that,” a senior leader said.

As per the opposition’s calculations, if the issue is taken to the top court, the CJI may not be able to take a decision regarding how to process it since it would involve him. It would open the case for either its referral to other judges or a full court, goes the reckoning.

Such a move would escalate the stand-off between the top judiciary and political opposition, which has accused, among other things, the CJI of acting unilaterally in allocation of cases — a charge that stems from the unprecedented press conference four most senior judges of the SC addressed on January 12, attacking CJI Misra’s administration of the highest court.

Since then, there has been constant public discussion on the strife, with non-NDA parties talking about an impeachment motion.

Already charting the next steps in what would prove to be a complicated battle if it finally plumps for an impeachment motion, Congress sources said moving the top court would be a sensible decision.