On Friday, opposition MPs submitted an impeachment motion in the Rajya Sabha to remove Allahabad High Court Judge Shekhar Kumar Yadav over his controversial remarks suggesting that the country should follow the will of the majority.
The motion was led by Samajwadi Party MP Kapil Sibal and was signed by around 55 members. It is expected to be discussed before the end of the winter session of Parliament.
Justice Yadav made the comments during an event organised by the Vishwa Hindu Parishad (VHP) on Sunday. In videos that spread widely, he supported the implementation of a Uniform Civil Code (UCC) and said laws should reflect the preferences of the majority.
His remarks have faced strong criticism, with opposition leaders calling them divisive and unconstitutional.
Earlier this week, lawyer and activist Prashant Bhushan wrote to Chief Justice of India Sanjiv Khanna, asking for an inquiry into Justice Yadav’s conduct. Bhushan argued that Yadav’s comments were discriminatory, particularly towards the Muslim community.
This is not the first time Justice Yadav has been controversial. In September 2021, he faced backlash for comments about the sanctity of cows while hearing a case on cow slaughter.
Under the Constitution, a judge can only be removed through a presidential order after a motion from both Houses of Parliament. The motion must be supported by a majority of all members and at least two-thirds of those present and voting. The motion must be presented to the President in the same session of Parliament.
A judge can only be removed for proven misbehaviour or incapacity, making impeachment a rare and complicated process.
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