Instead of playing politics with the judiciary, the Opposition should work with the government to create a mechanism for judicial accountability, improving on the Judges Inquiry (Amendment) Bill 2008, that helps remove the tilt in the balance of power in favour of the judiciary effected by the court appropriating the right to appoint judges via the Second Judges Case, and sees impeachment as a terminal measure of last resort. Ramaswami faced corruption charges. It is a revenge petition after the falsehood of the Congress Party has been established in the Justice Loya death case.
The seven parties included the Indian National Congress (INC), Bahujan Samaj Party (BSP), Samajwadi Party (SP), National Congress Party (NCP), Indian Union Muslim League (IUML), Communist Party of India (CPI) and Jharkhand Mukti Morcha (JMM). The leaders of these parties earlier met in Parliament and gave final shape to the notice. "It is bound to go for a judicial review", said a Congress leader.
It is most likely that after consideration by various law experts and their advice, the Vice President who has been submitted this motion and who has the power to deny the motion, will finally deny the movement of this motion.
The impeachment application is just a gimmick as the Congress and its allies do not have the numbers in both the houses to carry the impeachment process forward.
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The Supreme Court said the public discussions and statements, including those made by lawmakers, on the impeachment of judges were "unfortunate" while hearing a petition filed by a Pune-based lawyers' organisation, which has also sought a gag on the media from reporting such statements. Asked about the timing of the motion, Azad said they had sought an appointment with Naidu a week ago but were told that he was away on a tour of the northeast.
"Democracy can thrive only when our judiciary stands firm, independent of the executive, and discharges its constitutional functions honestly, fearless, and with an even hand", Sibal said.
The fourth charge pertains to a piece of land which Misra acquired as an advocate by giving a "false affidavit" and the plot was surrendered in 2012 when he was elevated to the Supreme Court, even though orders cancelling the allotment were given in 1985.
The motion said: "CJI Misra has abused his administrative authority as master of roster to arbitrarily assign individual cases of particular advocates in important politically sensitive cases to select benches in order to achieve pre-determined outcome".
The move to propose impeachment notice against the CJI has led to a slugfest between the Congress and the BJP.