Impeachment motion against CJI could open SC to misuse: Nariman
What's the story
Fali Nariman, former president of the Bar Association of India and senior SC advocate, disagrees vehemently with the opposition's crucial impeachment motion against Chief Justice (CJI) Dipak Misra.
The "horribly black day in the history of the SC" will not only impact public's faith in the judiciary, but also make the system open to misuse by the ruling party, he told The Sunday Express.
Charges
'Such charges against CJI destroying Constitution, you have to have something to prove'
For one, the charges of the Congress were drastically different than the accusations of the four top SC judges made in January, Nariman said.
"One of the (Opposition's) charges is forgery. But...the four judges didn't subscribe to this (serious) charge."
One needs "extraordinarily important grounds" to impeach the CJI because "the final interpreter of the Constitution is the judiciary, not Parliament," he added.
Power
'Can't impeach CJI for exercising power as master of roster'
Even perceived misuse of the power to allocate cases can't be enough reason to impeach the CJI, Nariman opined.
"You can impeach him for taking money or something else but you can't impeach him for saying I am Master of the Roster," he added.
At the same time, the CJI should have "spirit of collegiality." "He must know what the others are thinking."
Quote
'Why hasn't Manmohan Singh signed the motion?'
Nariman asked why former PM Manmohan Singh hadn't signed the motion. "I have great regard for him. If he's convinced these charges are valid, why hasn't he signed? I have great trust and faith in Singh, and I'd like to know why he hasn't signed."
Implications
'SC has come from ground floor to basement'
The impeachment motion could actually have negative consequences, Nariman pointed out.
"Suppose I am a judge and I have a cast iron case against the government. But I will be very fearful to decide against the government in a politically charged case."
This move would "bring the SC, which is on the ground floor, to the basement. It is hopeless, hopeless."
Solution
So what is the solution to this crisis?
To win back trust in the judiciary, "the four (rebel) judges could say that whilst we maintain what we said in our January letter, we were never party to subscribe to any charge against the CJI to warrant his impeachment."
He pointed out that these judges might have had reasons, "but what about the SC's other 21 judges? They are all honorable people."
Editor's take
Why did Congress introduce this pointless motion anyway?
Chances of the opposition's impeachment motion being passed are abysmally low anyway. Plus, neither will it bring votes, nor will it force the ruling BJP to cave in parliament.
The CJI, who is set to retire later this year, won't resign either.
For now, the only effect of this move looks like a precedent being set for abuse of the impeachment provision.