13/12/2024
In an unprecedented move, a group of Members of Parliament (MPs) led by senior advocate and Rajya Sabha MP Kapil Sibal has formally submitted an impeachment motion against Justice Shekhar Kumar Yadav. The motion cites allegations of judicial impropriety, bias, and conduct unbecoming of a judge, urging Parliament to take serious cognizance of the matter.
This initiative marks a rare invocation of judicial accountability under Article 124(4) and Article 217(1)(b) of the Constitution, reflecting growing concerns over the erosion of impartiality in the judiciary.
New Delhi, December 13, 2024 – In a rare and dramatic move, a group of opposition Members of Parliament (MPs) led by senior advocate and Rajya Sabha MP Kapil Sibal have submitted an impeachment motion against Justice Shekhar Kumar Yadav of the Allahabad High Court. The motion accuses Justice Yadav of "judicial impropriety" and "conduct unbecoming of a judge," citing multiple instances of alleged bias and controversial rulings.
The impeachment motion, submitted to the Chairperson of the Rajya Sabha, marks the latest episode in a series of escalating tensions between the judiciary and opposition lawmakers. According to sources, the motion has been signed by more than 100 MPs from various opposition parties, including the Congress, Trinamool Congress, DMK, and Aam Aadmi Party.
Grounds for Impeachment
The MPs allege that Justice Yadav’s recent rulings have shown a pattern of favoritism and disregard for judicial norms. Specific cases cited in the motion include judgments perceived as heavily biased and comments made by the judge that have drawn widespread criticism from legal experts and civil society.
Kapil Sibal, addressing the media after submitting the motion, stated, “The judiciary is the bedrock of our democracy, and its integrity must be above reproach. Justice Yadav’s actions have raised serious questions about his impartiality and adherence to constitutional values.”
Procedure for Impeachment
Under the Constitution of India, a judge of the Supreme Court or High Court can be removed only through a process of impeachment by Parliament on grounds of proven misconduct or incapacity. The process begins with the submission of a motion, which requires the signatures of at least 50 MPs in the Rajya Sabha or 100 MPs in the Lok Sabha.
The motion is then examined by the Speaker or Chairperson, who decides whether to admit it. If admitted, the matter is referred to a three-member inquiry committee comprising a Supreme Court judge, a High Court chief justice, and a distinguished jurist. Based on the committee’s findings, the motion is put to vote in both Houses of Parliament and must be passed by a two-thirds majority in each House.
Reactions and Controversy
The move has sparked a fierce debate in political and legal circles. While opposition parties have lauded the motion as a step towards accountability, the ruling BJP has accused the opposition of attempting to undermine the judiciary.
Union Law Minister Arjun Meghwal criticized the motion, stating, “This is a blatant politicization of the judiciary. Such actions weaken public trust in our democratic institutions.”
On the other hand, legal experts have expressed mixed reactions. While some have called for a deeper examination of the allegations, others have warned against the potential misuse of impeachment as a political tool.
What’s Next?
The Chairperson of the Rajya Sabha, Jagdeep Dhankhar, is expected to review the motion and decide on its admissibility in the coming weeks. If admitted, this would be one of the few instances in India’s history where impeachment proceedings against a judge have been initiated.
As the nation awaits the next developments, the case underscores the delicate balance between the judiciary’s independence and the accountability of its members. For now, all eyes remain on Parliament and the legal fraternity as this unprecedented motion unfolds.
