The Congress party has said it will challenge in the Supreme Court a decision by Rajya Sabha chairman Venkaiah Naidu to reject a notice seeking the removal of Chief Justice of India Dipak Misra.
At a press conference, Congress leader Kapil Sibal said his party was of the view that the move by Naidu, who is also the Vice President of India, was “illegal” and hasty.
“The order by the Chairman is unprecedented, illegal, wrong and unconstitutional,” the former law minister said. “”It is illegal because the Chairman has passed the order which is required to be passed after conducting an enquiry.”
Criticising the Vice President, Kapil Sibal said, the chairman should have consulted other collegium members as charges against the Chief Justice of India are very serious. “Never before in India’s history has a motion been moved by MPs dismissed at the preliminary stage.
Kapil Sibal also questioned the speed with which Vice President Venkaiah Naidu rejected the impeachment motion
Congress communication in- charge Randeep Surjewala posted on Twitter that the Rajya Sabha chairman “can’t adjudge the motion, for he has no mandate to decide the merits of the motion”.
RS Chairman can’t decide on merits in absence of quasi judicial or administrative power (M.Krishna Swami’s case).
If all charges were to be proved before inquiry as RS Chairman suggests, Constitution & Judges (Inquiry) Act will have no relevance.
Don’t muzzle Constitution
— Randeep Singh Surjewala (@rssurjewala) April 23, 2018