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regular-article-logo Sunday, 16 March 2025

Hate judge axe ball set in SC motion as Opposition moves to impeach Justice Shekhar Yadav

Justice Yadav allegedly used a derogatory term for Muslims at a VHP-organised event on December 8, asserted that Indian law would work according to the majority’s wishes, and “pledged” that a uniform civil code would become reality

Our Special Correspondent Published 14.02.25, 05:46 AM
Justice Shekhar Yadav.

Justice Shekhar Yadav. Sourced by the Telegraph

Rajya Sabha Chairman Jagdeep Dhankar on Thursday referred to the Supreme Court an impeachment notice submitted by 55 Opposition MPs against an Allahabad High Court judge, Justice Shekhar Yadav.

The notice had been submitted to the Rajya Sabha secretary-general on December 13.

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Justice Yadav allegedly used a derogatory term for Muslims at a VHP-organised event on December 8, asserted that Indian law would work according to the majority’s wishes, and “pledged” that a uniform civil code would become reality.

Following an uproar over his remarks, the judge was summoned to appear before the Supreme Court collegium.

Making a suo motu statement on the impeachment notice submitted by the MPs, Dhankar said: “The jurisdiction for the stated subject matter constitutionally lies in exclusivity with the Chairman Rajya Sabha and in an eventuality with the Parliament and Hon’ble President.

“Taking note of public domain information and inputs available it is expedient that the Secretary General, Rajya Sabha shares this for information with the Secretary General, Supreme Court of India.”

Once a notice is received, the presiding office of the House where it has originated examines the prima facie admissibility of the case. Sources said Dhankhar may have decided to send the notice to the Supreme Court secretary-general to obtain inputs before making his mind up on the admissibility of the notice.

If satisfied that there is merit in the complaint, the presiding officer constitutes a judges’ inquiry committee. After completing its investigation, the committee submits a report to the presiding officer. It is then tabled in the relevant House.

If the report has found the judge to be in the wrong, a motion for the judge’s removal is taken up for consideration. It has to be adopted by both Houses of Parliament, voting separately.

Once adopted by both Houses, the motion is sent to the President, who issues an order for the removal of the judge.

While impeachment notices have been moved against four judges in the past, no judge has been removed till now.

Retired Justice Soumitra Sen of Calcutta High Court had been the closest to removal but he resigned a day before the Lok Sabha was to take up the impeachment motion after the Rajya Sabha had voted it in.

The signatories to the Opposition notice include Kapil Sibal, Vivek Tankha, Digvijaya Singh, John Brittas, Manoj Jha and Saket Gokhale.

BJP chief minister Yogi Adityanath had lambasted the Samajwadi Party and the Congress over the impeachment notice against Justice Yadav.

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