NEW DELHI: Rajya Sabha Chairman Jagdeep Dhankhar on Thursday said that only Parliament has the jurisdiction to address the issue of removing Justice Shekhar Kumar Yadav from the Allahabad High Court, after 55 Opposition MPs submitted a motion citing his alleged misconduct.
In a suo motu statement in the Upper House, Dhankhar announced that the Rajya Sabha Secretary-General has been directed to share the information with the Secretary-General of the Supreme Court.
“Honourable members, I am seized of an undated notice for motion received on December 13, 2024, bearing 55 purported signatures of the members of the Rajya Sabha seeking removal from office of Justice Shekhar Yadav of Allahabad High Court under Article 124(4) of the Constitution,” he said.
“The jurisdiction for the stated subject matter constitutionally lies in exclusivity with the Rajya Sabha chairman and in an eventuality with the Parliament and Honourable President,” he said.
Justice Yadav was accused of making communal remarks at a Vishwa Hindu Parishad event in December last year.
The Supreme Court took note of his controversial speech at the VHP Legal Cell event in Allahabad, where he allegedly supported the Uniform Civil Code (UCC) and made remarks allegedly targetting minorities.
Justice Yadav later appeared before the Supreme Court Collegium, led by Chief Justice of India Sanjiv Khanna.
As many as 55 Opposition MPs in the Rajya Sabha submitted a notice under the Judges Inquiry Act of 1968, seeking a motion to remove Justice Yadav from his position due to his alleged misconduct.
As the Chairman of the Rajya Sabha, Vice President Jagdeep Dhankhar has the authority to either admit or reject the motion. If admitted, a three-member committee consisting of a Supreme Court judge, a high court chief justice, and a distinguished jurist will be formed. This committee will investigate the complaint and determine whether sufficient grounds exist to initiate the removal process.
V-P’s authority
As the Chairman of the Rajya Sabha, Vice President Jagdeep Dhankhar has the authority to either admit or reject the motion moved by 55 Opposition MPs in Rajya Sabha against Allahabad HC judge Justice Shekhar Yadav over his political speech. If admitted, a three-member panel consisting of a Supreme Court judge, a High Court Chief Justice, and a distinguished jurist will be formed to probe the complaint and determine if sufficient grounds exist to initiate the removal process.