Finance minister Arun Jaitley has termed the Congress's decision to approach the Supreme Court to challenge the Rajya Sabha Chairman's rejection of the impeachment motion against the Chief Justice of India as a "blunder", saying Parliament's decision can not be subjected to judicial review.
Seeking a judicial review of the rejection of the impeachment notice would be a "blunder" as the decision of the Rajya Sabha chairperson is "not justiciable in the court of law", Jaitley said, adding that it was a "suicidal future move" for the Congress.
Naidu's decision prompted the Opposition, particularly the Congress, to announce that it would challenge the rejection in the Supreme Court.
But the order by the Vice-President that came two days after the Opposition parties launched the impeachment bid was slammed as "hasty" by the Congress, sparking a war of words with the ruling BJP. He consulted legal luminaries, constitutional experts and former Secretary Generals of both the houses, former law officers, Law Commission members and eminent jurists.
The petition to impeach Chief Justice Dipak Misra for "acts of misbehaviour" and misuse of authority was signed by 64 serving members of the upper house.It had also accused him of arbitrarily using his power to allot sensitive cases and questioned his conduct in the acquisition of land.More news: What does Browns, Baker Mayfield mean for Giants, Jets at NFL Draft?
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"Unquestionably the impeachment motion was poorly drafted. All that he has to see is that the motion is in order under Article 124 and that it is not absolutely frivolous", asserted former union minister and senior advocate Kapil Sibal, the man behind drafting of the impeachment motion.
BJP leader Subramanian Swamy hailed Naidu's decision of rejecting the impeachment notice.
Naidu earlier today turned down the impeachment notice given by the Congress and six other opposition parties against CJI Misra, saying it lacked substantial merit and that the allegations were neither "tenable nor admissible". Page 1 of the petition uses phrases such as "the fact and circumstances relating to the Prasad Education Trust case show prime facie evidence suggesting that the CJI "may have been" involved in a conspiracy of paying illegal gratification'". In his order, Naidu said that he found that there was no proof available to back the five allegations against CJI Dipak Misra. The Supreme Court said it was also salutary that before admitting the motion to remove a judge there shall exist factual foundation.
"As regards other grounds, the Rajya Sabha Chair's duty is only to confirm whether 50 (or more) members have signed the motion against the Chief Justice of India, and whether the charges are such that are required to be gone into", the Congress leader said. But, before the motion could be placed in the Lok Sabha, Sen resigned.