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

News Snippets

  • For the first time in history, Darjeeling loses first flush tea due to suspension of garden work for Covid-19 outbreak
  • Supreme Court asks journalists to be responsible and publish only the official version of news after it was brought to its notice that migrant exodus started after the 'fake' news that the lockdown will be extended to three months
  • Small saving rates slashed by the government by 140 basis points
  • The Centre says that the exodus of the migrants was stopped to save villages and prevent community transmission
  • The Centre says March 31 will remain the closing date for FY 2019-2020 and no change will be made for Covid-19 disruption
  • Tablighi Jamaat fiasco puts several states on high alert, attendees and their contacts being traced
  • Stock markets recover on the last day of the financial year, but the sentiment remains weak
  • The government says Covid-19 is still in local transmission stage in India
  • Government scotches rumours of extending the lockdown beyond April14. Says no such plan
  • Centre asks states to give shelter and food to migrant workers to stop them from taking to the streets
  • RBI cuts repo rate by 75 bps, the steepest in 10 years
  • Centre writes to states regarding laxity in monitoring people who had arrived from abroad between January and March
  • Kerala reports a spurt in new cases
  • With 124 fresh cases on Friday, the number of reported cases in India stand at 854
  • Five of a family, including a 9-month-old-baby test positive for Covid-19 in Nadia district in West Bengal on Friday
Total count stands ar 3082 as India records 16 Covid-19 deaths, the highest in a single day
oppn parties
What If CJI Impeachment Case Moves To The Supreme Court?

By A Special Correspondent
First publised on 2018-04-25 19:03:49

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!