Anti-Muslim remarks: INDIA bloc MPs push for impeachment as calls to remove Allahabad HC Judge Shekhar Yadav grow

Aseem — Thu, 12 Dec 2024 04:45:15 +0000

The Opposition INDIA bloc parties in Rajya Sabha are planning to move a motion to impeach Allahabad High Court judge Justice Shekhar Kumar Yadav, who sparked a controversy with ‘anti- Muslim’ remarks at an event organised by the Vishwa Hindu Parishad (VHP) last week

Lok Sabha MP from Srinagar, Aga Syed Ruhullah Mehdi announced that he would submit a notice seeking removal of the Judge. The National Conference leader said the Congress, the Samajwadi Party, the DMK, and the Trinamool Congress members have offered support in the Lower House for the impeachment motion.

Also Read | Meet Justice Shekhar Yadav – the HC Judge behind the ‘majority rules’ remark

Justice Shekhar Kumar Yadav of the Allahabad High Court sparked a rowwhen he said the country would function according to the wishes of the majority in India.

As many as 36 Opposition MPs across parties have already signed the petition, initiated by Independent Rajya Sabha MP and lawyer Kapil Sibal. The opposition may move it today, December 12 after getting more signatures. The INDIA bloc has 85 members of parliament (MPs) in the Rajya Sabha.

Leaders who have already signed the petition, according to a report in The Indian Express, include Digvijaya Singh, Jairam Ramesh and Vivek Tankha of the Congress, Sanjay Singh of the Aam Aadmi Party, Saket Gokhale and Sagarika Ghose of the Trinamool Congress, Manoj Kumar Jha of the RJD, Javed Ali Khan of the SP, John Brittas of CPI(M) and Sandosh Kumar of the CPI.

Impeachment under the Judges (Inquiry) Act

The notice seeks to initiate proceedings for impeachment of Justice Yadav under section 3 (1) (B) of The Judges (Inquiry) Act, 1968 read with Article 124 (4) and Article 124 (5) of the Constitution.

As per the provision of the Act, a complaint against a judge has to be made through a resolution signed at least by 100 members if moved in Lok Sabha and by 50 MPs if initiated in Rajya Sabha.

After the members move the motion, the presiding officer of the House (Rajya Sabha in this case) can either accept or reject it. Once accepted, a three-member committee, comprising two judges and a jurist, will probe the complaint and decide if it is a case fit for initiating the process of impeachment.

Also Read | Srinagar MP plans impeachment motion against Allahabad HC judge Shekhar Yadav

The motion for impeachment needs the majority support of not less than two-third of the members to pass in the House. Since the ruling National Democratic Alliance (NDA) has the majority in both Houses of Parliament, the motion is likely to be rejected.

There have been four attempts to impeach High Court judges and two to remove Supreme Court judges so far. The last instance was in 2018 against then Chief Justice of India Dipak Misra. No motion has ever cleared the process.

What did Justice Yadav say?

Justice Yadav delivered a lecture on the Constitutional Necessity of Uniform Civil Code Constitution of India is not a majoritarian but a democratic one. “In a democracy, the minority’s rights are protected. As Ambedkar put it ‘…as a King has no Divine Right to rule, so also a majority has no Divine Right to rule’,” the Hyderabad MP said.

Also Read | ‘As a king has no divine right…’ Owaisi invokes Ambedkar over HC judge’s remarks

In a democracy, the minority’s rights are protected. As Ambedkar put it ‘…as a King has no Divine Right to rule, so also a majority has no Divine Right to rule’.

Lawyer and activist Prashant Bhushan wrote to Chief Justice of India reached out to the Allahabad High CourtBusiness News, Politics news,Breaking NewsEvents andLatest News Updates on Live Mint. Download TheMint News App to get Daily Market Updates.

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‘A king has no divine right’: Owaisi cites Ambedkar after Allahabad HC Judge's ‘majority rules’ remark sparks row

Aseem — Mon, 09 Dec 2024 08:10:07 +0000

Justice Shekhar Kumar Yadav of the Allahabad High Court sparked a row when he said the country would function according to the wishes of the majority in India. AIMIM chief Asaduddin Owaisi reacted to the Judge’s remarks by questioning how a minority party can expect justice from such a judge.

Justice Yadav delivered a lecture on the Constitutional Necessity of Uniform Civil Code at an event organised by the Vishva Hindu Parishad (VHP) in Prayagraj.

“I have no hesitation in saying that this is Hindustan, this country would function as per the wishes of the bahusankhyak living in Hindustan. This is the Law. You can’t say that you are saying this being a High Court Judge. The law, in fact, works according to the majority. Look at it in the context of family or society…Only what benefits the welfare and happiness of the majority will be accepted,” he said, speaking at the event, according to the legal news website LiveLaw.

Hyderabad MP Asaduddin Owaisi took to X and said the Constitution of India expects independence and impartiality of its judiciary.

“This speech indicts the collegium system and raises questions on judicial impartiality. How can a minority party expect justice before someone who participates in VHP’s programs?” Owaisi asked in the post, adding that it is unfortunate that a High Court judge attended the conference of such an organisation.

In his address, Justice Yadav raised a question about why practices such as Untouchability, Sati, and Jauhar were abolished within Hinduism, yet the Muslim community continues to permit the practice of having multiple wives. Justice Yadav termed this practice unacceptable.

‘Multiple Wives’

He pointed out, as reported by LiveLaw, that while women are revered as goddesses in Hindu scriptures like the Shastras and Vedas, members of a community still claim the right to have multiple wives, engage in Halala, or practice Triple Talaq.

“You can’t disrespect a woman who has been recognized as a goddess in our Shastras and Vedas. You can’t claim the right to have four wives, perform Halala, or practice Triple Talaq. You say, we have the right to say ‘triple talaq,’ and not give maintenance to women. This right will not work. UCC isn’t something that VHP, RSS, or Hinduism advocates. The country’s Top Court also talks about it,” the Judge said.

As Ambedkar put it ‘…as a King has no Divine Right to rule, so also a majority has no Divine Right to rule’.

Owaisi said the Constitution of India is not a majoritarian but a democratic one. “In a democracy, the minority’s rights are protected. As Ambedkar put it ‘…as a King has no Divine Right to rule, so also a majority has no Divine Right to rule’,” the Hyderabad MP said.

“This “speech” can be easily rebutted, but it’s more important to remind his honour that the Constitution of India expects judicial independence & impartiality,” he said.

Justice Shekhar Kumar Yadav – TheNewsHub

Anti-Muslim remarks: INDIA bloc MPs push for impeachment as calls to remove Allahabad HC Judge Shekhar Yadav grow

Impeachment under the Judges (Inquiry) Act

What did Justice Yadav say?

‘A king has no divine right’: Owaisi cites Ambedkar after Allahabad HC Judge's ‘majority rules’ remark sparks row

‘Multiple Wives’