Oppn MPs may submit notice in RS today to impeach HC judge

For an impeachment motion to be considered for admission in Rajya Sabha, the signatures of at least 50 lawmakers are needed; 100 are needed in Lok Sabha.

NEW DELHI: Lawmakers from the INDIA bloc are likely to submit a notice on Friday to move a motion for the impeachment of Allahabad high court judge justice Shekhar Kumar Yadav, whose controversial comments on Muslims and majoritarianism at a Vishwa Hindu Parishad event earlier this week sparked a controversy.

Allahabad high court judge Justice Shekhar Kumar Yadav (HT PHOTO)

“We have collected 55 signatures and with the support of representatives of supporting parties we will are going to submit the notice,” Congress leader Vivek Tankha said.

The motion for impeachment is being moved both in the Lok Sabha and the Rajya Sabha. As per the rules for an impeachment motion to be considered for admission in Rajya Sabha, the signatures of at least 50 lawmakers are needed; this number is 100 for the Lok Sabha.

Under Article 124(4) of the Constitution of India, a judge may be removed from office on grounds of proved misbehavior or incapacity. The term “misbehaviour” encompasses actions that undermine judicial ethics, impartiality, and public trust in the judiciary.

Both the YSR Congress Party and the Biju Janata Dal have not yet indicated whether they will sign the petition.

The INDIA bloc’s move comes days after the Supreme Court took cognisance of reports surrounding remarks made by justice Shekhar Kumar Yadav during his December 8 speech. Justice Yadav reportedly made contentious statements about the Muslim community, the UCC, and the role of majority rule in India. Video clips of the speech, which went viral on social media, show him allegedly using slurs and asserting that the country must function according to the wishes of the majority.

Justice Yadav’s speech included comments such as, “This is Hindustan, and this country would function as per the wishes of the ‘bahusankhyak’ [majority],” and references to practices such as triple talaq and halala, which he argued should not be permitted. He also stated: “Only a Hindu can make this country a ‘Vishwa Guru’.”

The alliance has the numbers to bring the motion in both Houses –– it has 237 members in the Lok Sabha and 86 in the Rajya Sabha –– but it might fall short if the motion is put to a vote.

Justice V Ramaswami was the first judge against whom impeachment proceedings were initiated in the Lok Sabha in 1993. However, it failed to secure the required two-thirds majority.

In 2011, a motion was brought against justice Soumitra Sen of the Calcutta high court for misconduct. He later became the first judge to have been impeached by the Upper House. However, he resigned before the motion could be voted on in the Lok Sabha.