oppn parties What If CJI Impeachment Case Moves To The Supreme Court?

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  • The Army conducts an operational alert exercise in eastern Ladakh
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  • Amit Shah says he never sought to impose Hindi
  • Government bans the manufacture and sale of e-cigarettes in India
  • Mamata Banerjee seeks an appointment with Home Minister Amit Shah today
  • Bengal CM Mamata Banerjee meets PM Modi in what she later described as a government-to-government meeting
  • Supreme Court sets a deadline of October 18 for completing the hearings in the Ayodhya case
  • Pakistan rejects India's request for use of its airspace when PM Modi flies to the US later this week
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  • As Rajeev Kumar fails to appear before the CBI despite several notices, the agency forms a special team to locate and apprehend him
  • S Jaishankar says Pakistan is not a normal neighbour and its behaviour is a "set of aberrations"
  • External Affairs Minister S Jaishankar says PoK in Indian territory and the country hopes to have physical jurisdiction over it one day
  • Barasat Sessions court near Kolkata rejects Rajeev Kumar anticipatory bail application citing lack of jurisdiction as the reason
  • PM Modi celebrates his birthday with Narmada aarti and later has lunch with his mother.
Sunni Wakf Board and Nirvani Akhara write to the Supreme Court for a negotiated settlement to the Ayodhya dispute
oppn parties
What If CJI Impeachment Case Moves To The Supreme Court?

By A Special Correspondent

Even as the opposition parties ready to take the impeachment battle to the Supreme Court after the rejection of their notice by Vice-President Naidu, a peculiar situation is set to arise. The judge sought to be impeached is the Chief Justice. He is the master of the roster and he has the power to assign cases to various benches. But since the case is against him, there is a conflict of interest.

The Telegraph has cited Santosh Hegde and other experts to say that the CJI will have to recuse himself from assigning this case. He will also have to make sure that he is not part of the bench that hears this case. But to keep things in balance and avoid total conflict of interest, the experts have also pointed out that since the impeachment notice drew heavily from the criticism leveled by four senior-most judges of the Supreme Court, these judges would have to similarly recuse themselves from this case.

If the CJI and the four senior-most judges choose to recuse then President will have to select a bench and assign the case to that bench if the opposition does file a petition challenging Naidu’s rejection of the impeachment notice. It also means that the case will be heard by the so-called ‘junior’ judge or judges. It is a most sensitive matter and the main reason the four senior judges rebelled against the CJI was that they were not assigned sensitive cases. The irony now is that they have now made themselves ineligible to hear the most sensitive case that will come to the apex court in recent times!