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A complaint was raised about one member’s signature on the impeachment motion allegedly being recorded twice.
Justice Shekhar Yadav (File Image)
The impeachment motion submitted by the Opposition against former Allahabad High Court judge, Justice Shekhar Yadav, over alleged hate speech, is currently pending with the Vice President. However, the process appears to have hit multiple procedural roadblocks.
Following standard protocol, the Rajya Sabha Secretariat has initiated a thorough verification of the 55 signatures submitted along with the petition. This scrutiny began after a complaint was raised about one member’s signature allegedly being recorded twice. The concerned MP, however, has denied signing the motion more than once. According to the rules, each signature must be submitted in a specified format and verified before the petition can move forward. As of now, verification for at least 10-12 MPs is still pending.
The authenticity of all signatures is crucial, as any duplication or submission in an incorrect format could lead to the motion being rejected on procedural grounds. The controversy intensified after a JMM Rajya Sabha MP alleged that his signature had been duplicated without his consent.
In parallel, National Conference MP from the Lok Sabha, Aga Syed Ruhullah Mehdi, had reportedly gathered 100 signatures from members of the Lower House in support of the impeachment motion. However, sources within the Lok Sabha Secretariat indicate that this part of the petition may also face scrutiny. It remains unclear whether all the Lok Sabha signatures have been verified, raising further concerns about procedural compliance.
Meanwhile, debate has also arisen over the language allegedly used by Justice Yadav during a Vishwa Hindu Parishad function. The Opposition claims that his remarks were communal in nature and amounted to hate speech targeting a specific community. This has led to calls for disciplinary action and has prompted some legal experts and parliamentarians to consider whether the judge’s remarks could be deemed unparliamentary.
Justice Shekhar Yadav had on December 8 said he had no hesitation in saying that the “country would function as per the wishes of the majority group.” Justice Yadav made the controversial remarks while delivering a lecture on the ‘Constitutional Necessity of Uniform Civil Code’ in an event organised by the legal cell of the Vishva Hindu Parishad (VHP) in Prayagraj.
“I have no hesitation in saying that this is Hindustan, this country would function as per the wishes of the bahusankhyak (majority) living in Hindustan (India). This is the Law. You can’t say that you are saying this being a High Court Judge. The law, in fact, works according to the majority. Look at it in the context of family or society…Only what benefits the welfare and happiness of the majority will be accepted,” he had said.
For an impeachment motion against a judge to succeed, it must be passed by a two-thirds majority in both the Lok Sabha and Rajya Sabha. Until the verification process is complete and procedural issues are resolved, the motion cannot proceed.
The coming weeks are likely to be crucial in determining whether the impeachment motion will advance or be dismissed on technical grounds.
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