A day after he rejected the notice for the motion to remove the Chief Justice of India, Rajya Sabha Chairman M. Venkaiah Naidu explained that his decision was not a hasty one as it was taken after over a month of due diligence and in strict conformity with the provisions of the Constitution and the Judges Inquiry Act of 1968.
According to sources, the Chairman said this while referring to media reports that have been speculating on the notice against Chief Justice of India Dipak Misra.
“I have since been working on the provisions, procedures and precedents in the matter given the serious nature of the proposal and its implications and the imperative need for a timely decision,” sources revealed quoting the Chairman.
Ten lawyers of the Supreme Court met Chairman Naidu on Tuesday morning to compliment him and to discuss the implications of the removal notice and the order given by him yesterday. The lawyers told him that the timely decision taken by him has saved the dignity of the office of Chief Justice of India and the apex court.
“I don’t think it warrants compliments as I only did what was expected of me and in the manner the Chairman of Rajya Sabha was expected to conduct in such matters. Some Hon’ble Members of the House had a point of view and the right to express it while I had a responsibility cast on me. I have done my job and am satisfied with it,” said Naidu according to sources.
Sources also said quoting the Chairman, “The concerned law (The Judges Inquiry Act, 1968, Section 3) clearly required the Chairman of Rajya Sabha to look for prima facie in the matter for either admitting the notice or refusing to do so. A clear responsibility was cast on the Chairman in this regard and it would not be correct to interpret the role of Chairman as that of mere post office. Chairman is required to act as a constitutional functionary which is a substantial responsibility”.
The adverse consequences of constitutional functionaries not acting in time as in the case of defections in some States resulting in subversion of the spirit of the laws, was also referred to by the Chairman.
“Chief Justice of India is the highest judicial functionary of the country and any issue in public domain concerning him requires to be resolved at the earliest following prescribed procedures….Issues raised in the notice mostly pertained to the functioning of the Supreme Court and they have to be resolved internally. Any other means of seeking to address them amounts to interference in the independence of judiciary,” Chairman Naidu said according to sources.