New Delhi, Apr 23: Rajya Sabha Chairman M Venkaiah Naidu today rejected the notice given by opposition parties led by the Congress for impeachment of CJI Dipak Misra citing lack of substantial merit in it.
Naidu held extensive consultations with top legal and constitutional experts, including former chief justices and judges, before taking the decision, sources said.
The rejection of the notice comes a day after he held the consultations to determine the maintainability of the motion.
Seven opposition parties led by the Congress had last week moved a notice before him for impeachment of the Chief Justice of India (CJI) on five grounds of “misbehaviour”.
Naidu said in an order today that he had detailed personal conversation on all the aspects arising from the notice and had considered each of the allegations made in it individually as well as collectively.
“Based on all this, I have come to the conclusion that this motion does not deserve to be admitted…On careful analysis and reflection, I find there is virtually no concrete verifiable imputation.
“We cannot allow any of our pillars of governance to be weakened by any thought, word or action,” he said.
The Rajya Sabha chairman said that 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”.
“In passing, I am constrained to observe that in this matter, the well established parliamentary customs and conventions as have been delineated in para 2.2 of the Handbook for Members of Rajya Sabha have been disregarded,” Naidu said.
“I have considered the material contained in the Notice of Motion and reflected upon the inputs received in my interaction with legal luminaries and constitutional experts, I am of the firm opinion that the Notice of Motion does not deserve to be admitted. I refuse to admit the Notice of Motion,” he said.
The sources said that Vice President Naidu met the experts after re-scheduling his travel plans considering the seriousness of the matter.
The Congress is likely to move the Supreme Court against the order of the Rajya Sabha chairman in the matter, party sources said.
This is the first time ever that an impeachment notice has been filed against a sitting CJI.
Naidu spoke to former Lok Sabha secretary general Subhash Kashyap, ex-law secretary P K Malhotra and former legislative secretary Sanjay Singh on the issue, officials had said yesterday.
He also held deliberations with senior officials of the Rajya Sabha Secretariat, they said, adding that Naidu also spoke to former Supreme Court judge B Sudarshan Reddy.
The officials said the vice president also spoke to the attorney general on the issue.
Naidu continued with the deliberations till late last evening and spoke to K Parasaran, who was the attorney general during the Congress governments led by Indira Gandhi and Rajiv Gandhi and was also a member to the Upper House nominated by the party.
Leaders of the opposition parties had on Friday met Naidu and handed over the notice of impeachment against the CJI bearing signatures of 64 MPs and seven former members, who recently retired.
The parties had briefed the media after handing over the notice to the Upper House chairman.
… Congress to move Supreme Court
New Delhi: The Congress on Monday said it will file a petition in the Supreme Court to challenge the Rajya Sabha Chairman’s order rejecting the impeachment notice against Chief Justice of India (CJI) Dipak Misra.
Earlier in the day, Vice President M. Venkaiah Naidu, who is also the Chairman of the Upper House, rejected the impeachment notice submitted to him by Opposition members of Rajya Sabha led by the Congress. The CPI, the CPI(M), the NCP, the SP, the BSP, and the IUML were the parties that had agreed to the motion.
In a press conference in New Delhi on Monday, Congress leader and former Law Minister Kapil Sibal said the Chairman’s order was “ill-advised and illegal.” Claiming that the Chairman’s discretion was limited, Mr. Sibal said “he [Mr. Naidu] shouldn’t have disposed of without constituting an inquiry Committee.”
“The Chairman’s order says the charges are unverifiable. How can you verify without conducting an inquiry,” Mr. Sibal asked.
The Congress leader also hoped that the matter wouldn’t be listed under the CJI, but however, said the party will accept the top court’s verdict.
… Congress to move Supreme Court
