Rajya Sabha MPs on Friday (18 December) moved a motion to impeach a Gujarat High Court judge Justice J.B. Pardiwala who made remarks against reservation while hearing a case concerning Hardik Patel, who is leading a stir for reservation for Patidars.
As per Section 3(1)(b) of the Judges (Inquiry) Act, 1968, the requirement for moving an impeachment motion is signature of at least 50 MPs of Rajya Sabha, if the notice is given in the Rajya Sabha. As per sources, 58 MPs have signed this motion.
“The motion has been admitted. Now the chairman will examine it and due procedures will be followed,” a Rajya Sabha official told IANS.
It may be noted that Justice J.B. Pardiwala, while passing an order in a case involving the Patel quota agitation leader nearly a week ago, had said: “If I am asked by anyone to name two things which have destroyed this country, or rather has not allowed the country to progress in the right direction, then the same is reservation and corruption.”
For the impeachment of a judge, a removal motion signed by atleast 100 members of Lok Sabha or 50 members of Rajya Sabha has to be submitted to the speaker or the chairman, who then considers the motion, and may admit or reject it.
If the motion is admitted, the speaker or chairman constitutes a three-member committee to investigate into the charges.
The committee should consist of the Chief Justice or a judge of the Supreme Court, a chief justice of a high court and a distinguished jurist.
If the committee finds the judge to be guilty of the charges, the house in which the motion was introduced, can take up the consideration of the motion.
Both houses have to then pass it with a “special” majority and after that an address is presented to the president for removal of the judge. The decision is then taken by the president. [IANS]
[Image courtesy: Gujarat High Court website]
