Context:
- A in-house inquiry committee was set up by Chief Justice of India Dipak Misra to look into allegations of corruption against a sitting judge of the Allahabad High Court in the Medical Council of India (MCI) case contains certain “adverse remarks” against him.
- This prompted Chief Justice of India Dipak Misra recommend the impeachment of Justice Shri Narayan Shukla, the eighth senior-most judge of the Allahabad High Court
- The trigger was a scathing report by the committee led by Madras High Court Chief Justice Indira Banerjee.
- The committee conducted a non-judicial fact-finding inquiry, where Justice Shukla was given full opportunity to defend himself, but no examination or cross-examination of any witnesses was allowed.
Why was the Process Initiated?
- Justice Narayan Shukla granted permission to certain private medical colleges to admit students after an MCI ban, and also involved the rulings on the case in the Supreme Court.
- He had abandoned “the concept of judicial propriety” and transgressed judicial rules to “proceed on a path where it was not required to.”
Impeachment Process
- The CJI has set the process in motion with a letter to the Prime Minister for the impeachment of the judge.
- Following that, the Vice-President, who is the Chairperson of Rajya Sabha, would constitute a three-member inquiry panel, in consultation with the CJI under the Judges (Enquiry) Act, 1968.
- This panel would then examine the allegations made by the in-house committee and based on their advice, it would be decided if the removal motion will be debated in Rajya Sabha. If the findings of guilt are confirmed, the impeachment motion will be put to vote for the removal of the judge by a majority.