{"id":29859,"date":"2018-10-26T12:46:46","date_gmt":"2018-10-26T07:16:46","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=29859"},"modified":"2018-10-26T12:46:46","modified_gmt":"2018-10-26T07:16:46","slug":"impeachment-move-doesnt-fetter-cji-say-experts","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/impeachment-move-doesnt-fetter-cji-say-experts\/","title":{"rendered":"Impeachment move doesn\u2019t fetter CJI, say experts"},"content":{"rendered":"<p><strong><a href=\"http:\/\/www.thehindu.com\/todays-paper\/tp-national\/impeachment-move-doesnt-fetter-cji-say-experts\/article23622588.ece\">Impeachment move doesn\u2019t fetter CJI, say experts<\/a><\/strong><\/p>\n<p><strong>What has happened?<\/strong><\/p>\n<p>Former Chief Justices of India and eminent jurists said on Friday that there was no need for Chief Justice of India Dipak Misra to withdraw from work merely because a group of Opposition MPs had submitted a notice for his impeachment to the Rajya Sabha Chairman.<\/p>\n<p><strong>No provision in the constitution<\/strong><\/p>\n<p>Both the Constitution and the Judges (Inquiry) Act of 1968 are silent on whether a judge facing impeachment motion should excuse himself from judicial and administrative work till he is cleared of the charges against him<\/p>\n<p><strong>Usual work for CJI<\/strong><\/p>\n<p>Until the Rajya Sabha Chairman makes up his mind to admit the motion and refer it to an Inquiry Committee under the 1968 Act, things will be as usual for the CJI<\/p>\n<p><strong>Review of decision<\/strong><\/p>\n<p>The jurists are, however, divided on whether a decision by the Rajya Sabha Chairman to refuse the impeachment motion would be judicially reviewable<\/p>\n<p><strong>Whether a decision by the Rajya Sabha Chairman to refuse the impeachment motion would be<\/strong> <strong>judicially reviewable?<\/strong><\/p>\n<ul>\n<li><strong>View 1:<\/strong> \u00a0Impeachment was a \u201clegislative process where a decision thereon is amenable to judicial scrutiny\u201d, and the Chairman\u2019s decision was not protected by parliamentary privilege<\/li>\n<li><strong>View 2<\/strong>: Chairman\u2019s decision to refuse or admit the motion would be hit by parliamentary privilege.<\/li>\n<\/ul>\n<p><strong>Can\u2019t sit over the motion<\/strong><\/p>\n<p>He [Chairman] is a constitutional authority. This motion is made by over 60 MPs. The Chairman cannot refuse the motion on flimsy grounds. He cannot delay and let uncertainty continue. He has to decide within a reasonable time<\/p>\n<p><strong>The process needs to be updated<\/strong><\/p>\n<p>For 60 years, it has not worked wherever it was needed. It requires serious deliberation on what alternative measures can be employed to bring an end to the matter<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Impeachment move doesn\u2019t fetter CJI, say experts What has happened? Former Chief Justices of India and eminent jurists said on Friday that there was no need for Chief Justice of India Dipak Misra to withdraw from work merely because a group of Opposition MPs had submitted a notice for his impeachment to the Rajya Sabha&hellip; <a class=\"more-link\" href=\"https:\/\/forumias.com\/blog\/impeachment-move-doesnt-fetter-cji-say-experts\/\">Continue reading <span class=\"screen-reader-text\">Impeachment move doesn\u2019t fetter CJI, say experts<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[555],"tags":[],"class_list":["post-29859","post","type-post","status-publish","format-standard","hentry","category-test-1","entry"],"jetpack_featured_media_url":"","views":{"total":0,"cached_at":"","cached_date":1704705929},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/29859","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=29859"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/29859\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=29859"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=29859"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=29859"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}