Will consult legal experts: Congress; Impeachment motion against CJI rejected as it lacked facts: Naidu

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NEW DELHI: Congress said that they will consult legal experts on Rajya Sabha chairman M Venkaiah Naidu rejecting the impeachment notice issued against the Chief Justice of India Dipak Misra. Party sources said the Congress and other opposition parties would consult legal experts on the matter.

 

The Rajya Sabha chairman had earlier on Monday rejected the notice due to lack of merit.

Seven opposition had parties on Friday, given to the Rajya Sabha chairman, a notice for impeachment of the Chief Justice of India signed by as many as 64 Parliamentarians (MPs).

They include MPs from the Congress, the NCP, CPM, the CPI, the SP, the BSP and the Muslim League.

Article 124(4) of the Constitution lays down the procedure for removal of a judge of the Supreme Court, including the CJI, who can be impeached on grounds of "misbehaviour or incapacity".

A removal motion signed by 100 members of Lok Sabha or 50 members of Rajya Sabha has to be submitted to the Speaker of the Lower House or Chairperson (ie Vice-President) of the Upper House. This can be in either House of Parliament. The Speaker/Chairperson can then either accept or reject the motion.

Vice President and Rajya Sabha Chairman M Venkaiah Naidu said on Monday that the impeachment motion against Chief Justice of India (CJI) Dipak Misra lacked substantial facts to hold the latter guilty of misbehaviour.

Naidu said, "I have applied my mind to all five charges made out in Impeachment Motion and examined all annexed documents. All facts as stated in motion don't make out a case which can lead any reasonable mind to conclude that CJI on these facts can be ever held guilty of misbehaviour."

As per the Supreme Court officials, all judges of the apex court, including CJI Dipak Misra, held a 20-minute meeting, after the impeachment motion was rejected.

According to reports, Naidu, in his capacity as the Rajya Sabha Chairman, held broad consultations with legal and constitutional experts before coming to the conclusion.

The rejection of the notice comes a day after he held the consultations with such experts to determine the maintainability of the motion.

The Constitution says the CJI can be impeached only on grounds of proved misbehaviour or incapacity.

Inputs from Agency, Image Credits: APN Live

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