It has become one of the unforgettable incidents for India as a sitting Chief Justice is facing impeachment. Dipak Misra, the 45th Chief Justice of India, is facing impeachment. To impeach the Chief Justice of India Dipak Misra, the leaders met in Rajya Sabha. 71 Rajya Sabha members have signed the unprecedented motion for impeachment of Chief Justice of India Dipak Misra.
Well… this is not the first time that a sitting judge going through this procedure. Justice V. Ramaswami was the first judge against whom impeachment proceedings were initiated. Supreme Court has mentioned that a single dishonest judge not only dishonours himself and disgraces his office but jeopardises the integrity of the entire judicial system.
What is there in act to impeach CJI?
For impeaching the Chief Justice of India, necessary steps are laid out in the Constitution. Article 124(4) of the Constitution of India states: “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.”
Reasons for impeaching CJI Dipak Misra
The four senior judges who are part of the Supreme Court collegium, came out in public raising complaints against CJI Dipak Misra. He has been alleged that he had violated conventions in his role as the master of the roster. He has bypassed the established traditions in court in assigning the cases to benches. These judges are the part of highest decision-making administrative body in Indian judicial system.