NEW DELHI – Indian Congress-led Opposition parties’ move to impeach thechief justice of India, Dipak Misra, marks a new low in our politics. It’ssymptomatic of institutional collapse.
The erosion of institutions – Parliament and Supreme Courtlink>inparticular, which has been an act in motion – has led to a denouement inthe unprecedented notice for CJI’s impeachment or removal.
Political parties and the bitter competitive race for 2019 Lok Sabhaelection have contributed to the erosion of Parliament as well as thehigher judiciary.
The BJP and the Congress in particular have turned Parliament and theSupreme Court into playgrounds for maintaining their hold on power and foredging out one another in the race.
The notice for impeachment motion submitted to the Rajya Sabha Chairman MVenkaiah Naidu is not an outcome of concern over judiciary or“misbehaviour” on part of the CJI as Congress leaders Ghulam Nabi Azad andKabil Sibal said. It’s a consequence of the political game being played outin the corridors of Parliament.
There are two reasons why the impeachment motion is the nadir. One, thenotice for motion lacking requisite number in Parliament to impeach the CJIspeaks of hidden political agenda.
One could understand if the seven parties – Congress, NCP, CPI, CPI(M), SP,BSP and Muslim league – had the number or were close to the number neededto pass the impeachment motion if accepted. But that’s not the case.
Two, the malaise of institutional breakdown under the ruling BJP governmenthas become so grave that a drastic measure like impeachment of CJI is beingjustified.
Opposition leaders and some jurists outside parties such as PrashantBhushan have justified the move as the last resort under the provisions ofthe Constitution to arrest the decline in the Supreme Court.
It’s one of the worst moments for the judiciary, Parliament as well as thenation since the Emergency. For this, the BJP government led by PrimeMinister Narendra Modi is no less responsible
On the one hand, judiciary’s credibility is under attack. The Supreme Courtstands divided with senior judges venting their disappointment over conductof CJI in the public.
Four senior judges – justices J Chelmeshwar, Ranjan Gogoi, Kurien Josephand Madan Lokur – went public in January in an unprecedented step to hold apress conference to express their express their grievances against CJIMisra. Instead of maintaining a discreet distance from the affairs of theSupreme Court, political parties have been on fishing expedition in thetroubled waters.
On the other had, the government – Modi in particular – has shut down allchannels of communications with the Opposition that has resulted in theparalysis of Parliament.
The logjam in Parliament, passing the annual Budget without discussion,stonewalling the move on no-confidence motion and many such instances areindicators of steep decline of Parliament.
The incidents of rapes of a minor in Kathua and its politicisation alongcommunal lines by the BJP and shielding of rape accused, BJP MLA, in Unnaoadd to the chaos and decline of order in public life.
The Modi government appears unconcerned and least inclined to work torestore the credibility of Parliament, judiciary and renew faith of thecommon people in the highest institutions.
Opposition though seeking for unity against Modi, is also divided. Thedivision has come out in the open over the impeachment issue.
Senior Congress members, including some top legal minds such as PChidambaram, Salman Khusheed, Ashwani Kumar and Veerappa Moily, havedistanced themselves from the impeachment move.
Above all, former prime minister Manmohan Singh, the moral guide andphilosopher of the Congress, has also not signed the notice for motion. Heis opposed to seeking removal of the chief justice in principle.
Parties such as the TMC, the DMK and the RJD too have distanced themselvesfrom the move with their members not signing the impeachment motion.
It proves that the decision to seek removal of CJI Misra has been plannedand moved by the Congress and a section of Opposition with clear intent ofembarrassing him. It has been brought with the purpose of ensuring that CJIMisra is left with no option but to recuse from work or resign before heretires on October 2 this year.
The purpose seems to be to delay the verdict in crucial cases such asAyodhya dispute being heard by justice Misra. Sibal has argued in the courtfor the controversial case to be kept in abeyance till the 2019 election.
Whether or not Venkaiah Naidu accepts the motion, it will be untenable forjustice Misra to continue in office after a decision by him.
He can continue till his retirement in two possibilities. One, ifOpposition parties withdraw their motion. Two, if Naidu sits over thenotice for the time till justice Misra is close to demitting office.
In all likelihood, the CJI will be retiring by the time the complex andtime-consuming process is taken up.
The Rajya Sabha chairman will be required to constitute a three-membercommittee of judges that will frame charges against justice Misra if thenotice is accepted. Investigations into the allegations will follow afterthat.
In the case of its rejection, Opposition parties will be at liberty to movethe Supreme Court in an appeal against Naidu’s decision. In both sucheventualities, the CJI will have to give up SC responsibilities if he is inoffice until then.
That’s what the Congress and six other Opposition parties seeking CJI’simpeachment want. They want justice Misra to go in embarrassment and usetheir victory as a political weapon against Modi
Whether or not the Supreme Court’s decision in judge BH Loyalink>deathcase is the trigger for impeachment notice is a matter of conjecture.
However, it’s a bit more than mere coincidence that the impeachment noticewas given on the day after the Supreme Court dismissed the plea for inquiryinto the Loya death case.
In response, finance minister Arun Jaitely has attacked the Congress forusing impeachment as a “political tool”. Jaitely has said, “It is anattempt to intimidate a judge and send a message to other Judges, that ifyou don’t agree with us, fifty MPs are enough for a revenge action.”
In the run-up to the 2019 elections, the die is cast for the country toexperience one low after another with institutions such as Parliament,judiciary and Election Commission being repeatedly dragged into it. – DailyO
By: Ashok K Singh