New Delhi/Lucknow: The impeachment motion against Justice Shekhar Kumar Yadav of the Allahabad High Court appears to be gathering pace in the Rajya Sabha, with Chairman Jagdeep Dhankhar considering the formation of a high-level inquiry committee. The proposal was submitted in December 2023 following a controversial statement by Justice Yadav at a VHP event, where he allegedly said,
“This is Hindustan, and the country will run according to the majority.”

Background & Opposition Push

• 55 opposition MPs submitted the motion.
• As per constitutional provisions, at least 50 MPs from Rajya Sabha or 100 from Lok Sabha must support the motion.
• The Chairman’s office emailed MPs for signature verification.
• Dhankhar stated that one MP’s signature appeared twice and the MP denied signing.

Opposition’s Clarification:
The duplication was a clerical error in one of the three sets. Even if one signature is invalidated, the motion still meets the 50-MP threshold.

Legal Procedure Ahead

Under the Judges Inquiry Act, if the Chairman finds the charges grave enough, he may constitute a three-member committee to investigate the judge’s conduct. The committee’s findings will determine whether the impeachment process proceeds in Parliament.

Impact on Judiciary and Constitution

This issue transcends one speech. It raises serious questions about:

• Judicial impartiality
• Secularism enshrined in the Constitution
• Accountability of institutions

The opposition sees this as a necessary check against communal ideology in the judiciary, while the government maintains measured silence.