It's an illegal order, says Congress

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'The order is unprecedented, illegal, ill-advised and hasty.

The motion was nothing but a move to embarrass and humiliate the Chief Justice of India (CJI) and, indirectly, the government.

Achary said this is a legal provision and the authority designated in this law is the deciding authority of the House where this motion is moved - in this case the Chairman of Rajya Sabha.

Rajya Sabha members from the Congress, Nationalist Congress Party, Communist Party of India (Marxist), Communist Party of India, Samajwadi Party, Bahujan Samaj Party and the Muslim League had ganged together to seek Chief Justice through an impeachment motion.

71 opposition MPs and seven parties had signed the motion which was presented to the chairman of the Upper House of parliament, the Rajya Sabha. In this case, he didn't consult the CJI as the motion was against him. Now that he can not consult CJI obviously (in this case), he should have consulted other members of the collegium.

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Justice Dhingra, too, supported Naidu's order on impeachment and said, "Rejection was absolutely right and based on facts".

Naidu said in an order today that he had detailed personal conversation on all the aspects arising from the notice and had considered each of the allegations made in it individually as well as collectively. With 7 of the MLAs retired, the signature count came down to 64. I don't think momentous matters like this should be disposed of in this fashion. Remember, it is our privilege to move the motion. You can not boot our privilege. "This will jeopardise the judicial system", he concluded. Maybe they have information that the CBI has information, maybe by scuttling the inquiry they don't want a lot of information to come on record.

It said that Article 124 (4) of the Constitution cites "proved misbehaviour" and "incapacity" as the grounds for considering an impeachment motion, and ruled that the Opposition's allegations did not count as either. "It destroys the legitimate process of law".

CPI (M) general secretary Sitaram Yechury said: "Opposition parties will take recourse to all means to ensure that India's Constitution is protected and implemented in its true spirit".

The CJI would have nothing to do with their petition challenging the order, Sibal hoped.

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Congress has chose to challenge the decision of the Vice President in supreme court, as Sibal elaborated, that they'd would want, Dipak Misra from refraining from any decisions on the matter. He told the media that the decision was ill advised.

He also held deliberations with senior officials of the Rajya Sabha Secretariat, they said, adding that Naidu also spoke to former Supreme Court judge B Sudarshan Reddy.

On Friday, opposition parties headed by the Congress had handed over a notice for impeachment of the CJI to Vice President Naidu.

Sibal also questioned Naidu for the haste in pronouncing this order, saying, "What was the tearing hurry?"

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