55 Opposition MPs file impeachment motion against Justice Shekhar Yadav

During a Vishwa Hindu Parishad event on Sunday, Justice Shekhar Kumar Yadav expressed support for a Uniform Civil Code and suggested that laws should reflect the majority's preferences

Opposition MPs on Friday submitted an impeachment motion in the Rajya Sabha, calling for the removal of Justice Shekhar Kumar Yadav of the Allahabad High Court. This follows his controversial comments advocating that the country should be governed by the will of the majority.

 

The motion, initiated by independent MP Kapil Sibal, has been signed by several prominent figures, including Congress leaders P Chidambaram, Digvijaya Singh, Jairam Ramesh, Vivek Tankha, and Randeep Singh Surjewala; AAP’s Sanjay Singh and Raghav Chadha; TMC’s Saket Gokhale and Sagarika Ghose; RJD’s Manoj Kumar Jha; SP’s Javed Ali Khan; CPI(M)’s John Brittas; and CPI’s Sandosh Kumar. 

Kapil Sibal along with 55 MPs of Rajya Sabha submitted the motion to the Secretary General on Friday. The motion is expected to be debated before the conclusion of Parliament’s winter session.

Justice Yadav’s UCC remark

The controversy arose from Justice Yadav’s comments made during a Vishwa Hindu Parishad (VHP) event on Sunday, where he expressed support for a Uniform Civil Code (UCC) and suggested that laws should reflect the majority’s preferences. These remarks have drawn significant criticism, with opposition leaders terming them as divisive and unconstitutional.

 

Earlier this week, lawyer and activist Prashant Bhushan wrote to Chief Justice of India Sanjiv Khanna, requesting an inquiry into the judge’s behaviour, arguing that Yadav’s comments were discriminatory and targeted the Muslim community.

 

This is not the first time Justice Yadav has been at the centre of a controversy. In September 2021, he faced criticism for comments about the sanctity of cows during a case on cow slaughter.

How can a judge be removed?

Under the Constitution, a judge can only be removed through a presidential order, following an address from both Houses of Parliament. The motion must be supported by a majority of the total membership of each House, as well as at least two-thirds of members present and voting. The motion must be submitted to the President within the same session.

 

The grounds for removal are limited to proven misbehaviour or incapacity, making judicial impeachment a rare and challenging process.

 

[With agency inputs]