How Can Chief Justice of India Dipak Misra be Impeached

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Ignoring this morning Friday January 12, 2017 press conference held by Justice Chelameswar the senior most Justice of India after the Chief Justice, along with the next three senior most judges of the Supreme Court, at his home in New Delhi, the Chief Justice of India Dipak Misra continued with business as usual at the Supreme Court.

At their press conference this morning the four Justices published their letter sent to CJI Dipak Misra (read the letter here).

The only reason there can be for CJI Misra to ignore the crisis in the Supreme Court is that he enjoys the protection of the present Government that may not initiate impeachment proceedings in Parliament against CJI - unless pressured much more than it is at present by active citizens.

Under Article 124(4) of the Constitution of India a Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.

Obviously with the protection of Government that has the majority in Parliament Chief Justice Dipak Misra is likely to complete his tenure that expires on 2 October 2018 when he turns 65 years of age.

Though he may not be impeached, if there is sufficient pressure from citizens he may want to restore the equanimity of the Supreme Court of India by taking heed of the issues raised by the four judges today. If he does not, he may go down in history as a corrupt Chief Justice of India, protecting a corrupt Government whose loyal appointee he will be proved to have been.

It is to be hoped that at the latest the Supreme Court of India can be restored to equanimity after the BJP is thrown out in the Parliamentary elections of 2018 or 2019.

Much will have to be done by the incoming Government, because the rot set in at least 20 years ago.

It was twenty years ago that corrupt practices of promoting feelings of enmity between different classes on the grounds of religion under the Representation of People Act began to be tolerated by the Supreme Court of India. It took twenty years for an important constitutional case on this matter to be heard – the precise time it took for the BJP to emerge as the victor in the 2014 Parliamentary elections on the basis of such corrupt practice.

Narendra Modi and the BJP have engaged in unprecedented corruption at the topmost levels of Government since they came to power in 2014 in order to advance the cause of Hindu Rashtra and the cause of upper castes and private corporations.

Impeaching one Chief Justice of India may not be enough to restore equanimity. Profound introspection by society and judiciary alike will have to happen.

Anandi Sharan was born in Switzerland, lives in Bangalore, and worked in Araria District in 2016. She mainly writes about India and how we need a better money policy to help agricultural labourers and women especially to adapt to man-made climate change. 


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