Shekhar Yadav Controversy: Last December, 55 opposition MPs gave an impeachment notice against Justice Shekhar Yadav in the Rajya Sabha. This notice was given because of his statement given in a program of Vishwa Hindu Parishad (VHP) on December 8. The MPs alleged that Justice Yadav’s statement had raised serious questions about his role. A Public Interest Litigation (PIL) was filed in the Allahabad High Court against the impeachment motion in the Rajya Sabha.
It was argued in this petition that Justice Yadav had expressed his views as a Hindu, which were matters related to the daily life of Hindus. However, the High Court rejected this petition. Justice Subhash Vidyarthi rejected the petition and said that this matter does not fall within the scope of Public Interest Litigation. He said, “Public interest litigation can be acceptable only when its cause is related to the weaker sections of the society.”
Questions raised on the authority of judges
The question was also raised in the petition whether judges have the fundamental right to speech and expression. However, the court rejected this argument and made it clear that there were no sufficient legal grounds to accept the petition. The court also said that balance and justice are needed in such cases.
What is the process of removing judges?
The process of removing judges under the Constitution is complex. Impeachment motion can be presented in any house of Parliament, but for this the support of 100 MPs in Lok Sabha and 50 MPs in Rajya Sabha is required. After this, the Speaker or Chairman forms a three-member inquiry committee which investigates the allegations. Voting takes place in Parliament on the basis of the committee report. If the proposal is passed by two-thirds majority of both the houses, then it is sent to the President where the judge can be removed on his orders.
DY Chandrachud had strongly opposed the appointment of Justice Yadav.
Recently, former Chief Justice DY Chandrachud had revealed that he was against the appointment of Shekhar Yadav from the beginning. For this, he had written a letter to the collegium headed by the then CJI Ranjan Gogoi, strongly opposing the appointment of Shekhar Yadav as the judge of Allahabad High Court.
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