Insights

  • Chairperson of Rajya Sabha rejected CJI’s impeachment motion earlier
  • 2 Congress MPs challenge the rejection in the Supreme Court seeking an urgent hearing
  • CJI immediately constitutes a 5-judge Bench
  • No senior SC judges in the bench
  • Plea to be heard on the 5th of June

Two Congress Rajya Sabha MPs jointly filed a petition in the Supreme Court of India seeking an urgent hearing on the CJI Impeachment petition. Pratap Singh Bajwa MP from Punjab and Amee Harshadray Yagnik, MP from Gujarat challenged the RajyaSabha Chairperson Venkaiah Naidu‘s rejection of the impeachment motion.

Taking notice of the issue, the Chief Justice of India Dipak Mishra immediately set up a bench of 5 Supreme Court Justices comprising AK Sikri, SA Bobde, NV Ramana, Arun Mishra and AK Goel to hear the petition. The bench will be headed by Justice A.K Sikri.

Earlier on April 23, the Vice President of India, and the Chairperson of RajyaSabhaVenkaiah Naidu had rejected the impeachment motion lead by Congress on pretext that the motion was meant to intimidate the judiciary.

The two Congress MPs filed a petition challenging the order, seeking an urgent hearing from the Justice Chelameshwar-led bench. The bench said that it would give its decision on Tuesday morning. However, that stands pre-empted as the CJI constituted a separate bench of five justices to hear the petition. It should be noted that the bench has none among the senior most Supreme Court judges. Furthermore, the bench will not meet today. The bench is otherwise regularly hearing Aadhar-validity challenging petitions.

The senior most Supreme Court judges includes Justice Chelameshwar, Ranjan Gogoi, Madan Lokur, and Kurian Joseph.

Roadmap to the Impeachment Motion

Few months ago, on the 12th of January, Justice Chelameshwar, Ranjan Gogoi, Madan Lokur, and Kurian Joseph and had held a never-done-before press conference alleging the CJI of arbitrarily allocating important and sensitive cases to ‘select benches’ headed by junior judges.

The Congress later moved an impeachment motion against the Chief Justice of India Dipak Mishra in the Rajya Sabha, which was thwarted by the Chairperson. Consequently, the two RajyaSabha MPs challenged the rejection on Monday.


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