NEW DELHI: President of Rajya Sabha Jagdeep Dhankhar On Thursday, he made it clear that only Parliament has the jurisdiction to constitutionally eliminate a judge of the Superior Court, since he pointed out that a notice for the elimination of Judge Shekhar Yadav of the Superior Court of Allahabad was pending with him.
The members of the opposition parties had transferred a notice in Rajya Sabha on December 13 for the dismissal of Judge Yadav for his alleged controversial comments in an event of Vishva Hindu Parishad. Those who signed the notice include Kapil Sibal, Vivek Tankha, Digviaya Singh, P Wilson, John Brittas, Boar Kumar Jha, Saket Gokhale, Raghav Chadha and Fauzia Khan.
The president also asked the Secretary General of RS to share with the SC secretary general the information that 55 RS members had given a notice in search of the elimination of Judge Yadav under article 124 (4) of the Constitution.
“The jurisdiction for the issue declared constitutionally lies exclusively with President Rajya Sabha and in an event with Parliament and the President,” Dhankhar said.
Their comments are important in the context of SC seeking a report by the President of the Supreme Court of Allahabad HC on the comments of Judge Yadav and then asked him to appear before the high -ranking judges of the SC.
On December 17, the SC SC of five judges led by CJI Sanjiv Khanna had marked Judge Yadav for his controversial speech and advised him to maintain the dignity of his constitutional position and exercise caution while pronouncing public speeches. The College on December 10 had taken note of the newspaper reports on the discourse of December 8 of Judge Yadav and looked for details of Allahabad HC.
The notice of the parliamentarians said that Judge Yadav Prima Facie’s speech showed that “he participated in the discourse of hatred and incitement to the lack of community harmony in violation of the Constitution.” They also said that Judge Facie’s speech showed that “he attacked minorities and showed prejudices and prejudices against them.”
According to the notice, Judge Yadav expressed his public views on political matters related to the uniform Civil Code, in violation of the restraint of the values of judicial life, 1997.
