Impeachment motion divides Cong legal luminaries

Satya Prakash

Tribune News Service

New Delhi, April 22

The move to impeach Chief Justice of India Dipak Misra appears to have divided the legal eagles of the Congress with former Law Minister Ashwani Kumar terming it “constitutional adventurism”.

“It is my considered personal view – both as a lawyer and as a citizen – that the impeachment motion is neither constitutionally sustainable, nor politically advisable,” Kumar told The Tribune.

He said, “Although impeachment motion appears to be a done deal, I wish there had been a more in-depth and larger deliberation on the question of such vital importance which concerns the health and future of critical institutions of our constitutional democracy.”

The former Law Minister said, “While certainly all is not well in the highest echelons of judiciary, it is doubtful whether the impeachment motion will serve any useful purpose, considering the overall circumstances.

“Even Justice Chelameswar – one of the four judges who raised questions about judicial administration in the Supreme Court has himself gone on record to state that impeachment of CJI is not the only way forward to address the issue,” he said.

Kumar said the political class was sharply divided on the advisability of the move.

“In my personal view, the reasons given do not constitute sufficient ground for impeachment, unless those who have signed it have more information than what has been publicly disclosed,” said Kumar.

The former Law Minister said, “I strongly feel that at this crucial juncture of our history, we should avoid constitutional adventurism. I hope that some way can be found to give a quietus to the issue.”

Kumar, however, said he did not dispute the rights of MPs to decide on the issue. He also sought to clarify that the impeachment motion was required to be moved by MPs and not the political parties they belong to.

Senior Congress leader and party spokesman Abhishek Manu Singhvi, said he was the last to sign the motion for impeachment of the CJI. “I am not happy and I don’t relish it….I have signed it as a disciplined member of the party,” he added.

Asked if he was convinced that the allegations against CJI Misra amounted to “proved misconduct”, Singhvi said it was for the committee to be set up by Rajya Sabha Chairperson to decide.

Earlier, former Law Minister Salman Khurshid had spoken against the move. "Impeachment is too serious a matter to be played with frivolously on the grounds of disagreement with any judgment or point of view of the Court," Khurshid had said.