Supreme Court Challenges Parliament's Powers in Judge Impeachment Case
Image Source: Internet
{ "title": "Supreme Court Challenges Parliament's Powers in Judge Impeachment Case", "article": "New Delhi: The Supreme Court on Thursday raised questions about the powers of the Rajya Sabha deputy chairman, suggesting that if the vice president can exercise the president's functions, then the deputy chairman should be able to perform the chairman's duties. The court was hearing a case involving Allahabad High Court judge Yashwant Varma, who is facing corruption charges. The bench, comprising Justices Dipankar Datta and S C Sharma, disagreed with the submission made by senior advocates Mukul Rohatgi and Siddharth Luthra, who argued that the deputy chairman cannot reject a motion against a judge. The lawyers cited the Judges Act of 1968, which gives the Speaker and the chairman the power to accept or reject motions against judges. However, the court pointed out that if the vice president can sign warrants of appointment for judges in the president's absence, then why can't the deputy chairman accept or reject the impeachment motion in the chairman's absence? Justice Datta observed that the country cannot have a vacuum in governance. Solicitor General Tushar Mehta, appearing for the Parliament, argued that any interpretation that defeats the object of the law should be avoided. He said that if the deputy chairman cannot exercise the chairman's powers, then the inquiry committee's report would become functus officio, and the motion filed in the Rajya Sabha would fail. The court has reserved its verdict and asked the parties to submit their written submissions by Monday. The case is significant as it challenges the powers of the Rajya Sabha deputy chairman and the parliamentary panel probing corruption charges against Judge Varma."