Anti-Muslim remarks: INDIA bloc MPs push for impeachment as calls to remove Allahabad HC Judge Shekhar Yadav grow

The Opposition INDIA bloc parties in Rajya Sabha are planning to move a motion to impeach Allahabad High Court judge Justice Shekhar Kumar Yadav who sparked a controversy by his ‘anti- Muslim’ remarks at an event organised by the Vishwa Hindu Parishad (VHP) last week

This after Lok Sabha MP from Srinagar, Aga Syed Ruhullah Mehdi announced earlier that he would submit a notice seeking removal of the Judge. The National Conference leader said that he has support from the Congress, the Samajwadi Party, the DMK, and the Trinamool Congress members in the Lower House for the impeachment motion.  

Justice Shekhar Kumar Yadav of the Allahabad High Courtsparked a rowwhen he said the country would function according to the wishes of the majority in India.

As many as 36 Opposition MPs across parties have already signed the petition, initiated by Independent Rajya Sabha MP and lawyer Kapil Sibal. The opposition may move it today, December 11 after getting more signatures. The INDIA bloc has 85 members of parliament (MPs) in the Rajya Sabha.

Leaders who have already signed the petition, according to a report in Indian Express, include Digvijaya Singh, Jairam Ramesh and Vivek Tankha of the Congress, Sanjay Singh of the Aam Aadmi Party, Saket Gokhale and Sagarika Ghose of the Trinamool Congress, Manoj Kumar Jha of the RJD, Javed Ali Khan of the SP, John Brittas of CPI(M) and Sandosh Kumar of the CPI.

Impeachment under the Judges (Inquiry) Act

The notice seeks initiation of proceedings for impeachment of Justice Yadav under section 3 (1) (B) of The Judges (Inquiry) Act, 1968 read with Article 124 (4) and Article 124 (5) of the Constitution. 

As per the provision of the Act, a complaint against a judge has to be made through a resolution signed at least by 100 members if moved in Lok Sabha and by 50 MPs if initiated in Rajya Sabha.

After the members move the motion, the presiding officer of the House (Rajya Sabha in this case) can either accept or reject it. Once accepted, a three-member committee, comprising two judges and a jurist, probes the complaint and decides if it is a case fit for initiating the process of impeachment.

The motion for impeachment needs the majority support not less than two-third of the members to pass in the house. Since the ruling National Democratic Alliance (NDA) has the majority in both Houses of Parliament, the motion is likely to be rejected.

There have been four attempts to impeach High Court judges and two to remove Supreme Court judges so far. The last instance was in 2018 against then Chief Justice of India Dipak Misra. No motion has ever cleared the process.

What did Justice Yadav say?

Justice Yadav delivered a lecture on the Constitutional Necessity of Uniform Civil Code at an event organised by theVHP in Prayagraj on December 8.

“I have no hesitation in saying that this is Hindustan, this country would function as per the wishes of the bahusankhyak living in Hindustan. This is the Law. You can’t say that you are saying this being a High Court Judge. The law, in fact, works according to the majority. Look at it in the context of family or society…Only what benefits the welfare and happiness of the majority will be accepted,” he said, speaking at the event, according to the legal news website LiveLaw.

The remarks sparked a row with Hyderabad MP Asaduddin Owaisi saying that the Constitution of India is not a majoritarian but a democratic one. “In a democracy, the minority’s rights are protected. As Ambedkar put it ‘…as a King has no Divine Right to rule, so also a majority has no Divine Right to rule’,” the Hyderabad MP said.

Lawyer and activist Prashant Bhushan wrote to Chief Justice of India (CJI) Sanjiv Khanna seeking an “in-house enquiry” into the conduct of Justice Yadav.

On December 10, the Supreme Court of India reached out to the Allahabad High Court over the issue. The apex court took note of reports quoting the speech made by Justice Shekhar Kumar Yadav during a VHP event and sought additional details.