Opposition parties have termed the decision of Rajya Sabha Chairman Venkaiah Naidu to reject the notice to impeach Supreme Court Chief Justice Dipak Misra as illegal. The principal Opposition party, the Congress, has said that it will move to Supreme Court challenging the Chairman’s order.

Senior lawyer and MP Kapil Sibal, who was instrumental in coordinating the seven parties and drafting the notice, said Naidu’s order is unprecedented, illegal, ill-advised and hasty.

CPI(M) general secretary Sitaram Yechury, who first mooted the idea of impeaching the CJI, said the decision is blatantly illegal and unconstitutional.

Addressing the media, Sibal said the decision is unprecedented because never before in the history of India has an impeachment motion moved by the MPs been dismissed at the preliminary stage. “That is why it is unprecedented. It is illegal because the Chairman has passed an order which is required to be passed after a full fledged enquiry,” Sibal added.

He said the motion has to be dealt with by the Chairman not in his judicial or quasi judicial capacity. “He has to see whether the Motion is in order or not - have 50 Members signed it or not signed, are their signatures genuine or not genuine. Their motion is in order, consistent with Article 124 of the Constitution ... and if it is absolutely frivolous, has nothing to do with misbehaviour of the Judge, he can take a call. He does not act in any quasi judicial capacity at that stage,” Sibal added.

‘Constitution in danger’

Yechury said the BJP government is abusing constitutional posts to muzzle all democratic means of redressal. “It also happened in the case of the no-confidence motion during the Budget session. If this is not the breakdown of the Constitution, then what is? If the Chairperson of the Rajya Sabha is going to decide on the merits of a notice of impeachment, then what is the Inquiry panel supposed to do? That’s the reason why no earlier notice for impeachment has been rejected by the Chair so far,” he asked.

Sibal maintained that ‘proved misbehaviour’ comes after the enquiry. “It cannot come before the enquiry. So that is why it is illegal because the Chairman of the Rajya Sabha has said that we have not been able to prove misbehaviour,” Sibal added.

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