M Venkaiah Naidu, chairperson and vice president of Rajya Sabha(RS), has earlier rejected the notice seeking removal of Dipak Misra, CJI (Chief Justice of India). However, his decision has been highly criticized by the Congress, thus, triggering a battle between ‘rejecting’ and ‘rescuing’ orders in democracy.
Randeep Surjewala, Congress spokesperson said that the Naidu cannot adjudge the motion, as he doesn’t have any mandate for deciding the merits of the motion. He added that the decision can’t be made in absence of an administrative or a quasi-judicial power.
Surjewala also said that there will no relevance to the Constitution & Judges Inquiry Act if charges are to be proved before placing an inquiry, as suggested by the Rajya Sabha chairman.
He also points out that the decision was influenced due to Union Finance Minister, Arun Jaitley’s criticism on the removal notice.
When sixty four MP’s had submitted in favor of the impeachment motion, within next few hours, Leader of RS(FM) termed it as a ‘revenge petition’ while virtually dictating the verdict on that day to the Rajya Sabha Chairman. He inquired, whether the revenge petition has transformed into rescue order?
On Sunday, the opposition party hinted at going to the court following the rejection of the notice. However, the party decided to organize a press conference during Monday afternoon to discuss its next steps.
The Congress, along with 6 other opposition party members had submitted their notice on Friday, seeking removal of CJI Misra. He was held responsible for misbehavior based on five grounds. Also, it was for the first time in Indian history that such kind of motion was run against a top judge of the country.
However, Arun Jaitley accused the initiated motion as the trivialization of power to impeachment and the parties are trying to implement it as a political tool.