Opposition plans impeachment motion against Allahabad High Court judge Shekhar Kumar Yadav

Allahabad High Court judge Shekhar Kumar Yadav’s controversial statements: Notice needs endorsement of 50 Rajya Sabha MPs to be considered by the Chairman or 100 Lok Sabha MPs to be taken up as an impeachment motion in the Lok Sabha

The Opposition has started efforts to move an impeachment motion against Allahabad High Court judge Shekhar Kumar Yadav for his controversial statements at a Vishwa Hindu Parishad function recently.

Independent MP and senior lawyer Kapil Sibal has initiated the work to submit separate notices to both Rajya Sabha Chairman Jagdeep Dhankhar and Lok Sabha Speaker Om Birla to impeach Justice Yadav. The notice needs the endorsement of 50 MPs in the Rajya Sabha to be considered by the Chairman or 100 MPs in the Lok Sabha to be taken up as an impeachment motion in the Lok Sabha.

An Opposition MP told The Hindu that the notices would be moved in a day or two. “We are preparing the notices for both the Houses. So far, we have received about 40 signatures from the Rajya Sabha. More than 100 MPs from the Lok Sabha are also willing to sign the notice. The process has started. Mr. Sibal is in touch with MPs across political parties,” he said.

Justice Yadav’s remarks, particularly the comment that the country would function as per the wishes of the majority, had evoked widespread criticism.

Parliament has considered five impeachment notices in the past, including against Justice Soumitra Sen. If the notices are accepted either by the Chairman or by the Speaker, an investigation committee is formed with three members – the Chief Justice or other judges of the Supreme Court, the Chief Justice of a High Court, and a distinguished jurist. The next step will be based on this report by the expert panel.

“In case the notices of motion are given on the same day in both the Houses, the committee will be constituted only if the motion has been admitted in both the Houses and thereupon jointly by the Speaker and the Chairman. In case notices of motion are given in both the Houses on different dates, the notice that is given later shall stand rejected,” says a note prepared by the Lok Sabha on the subject of impeachment of judges.