In the wake of uproar over Allahabad High Court Judge Justice Shekhar Kumar Yadav’s recent comments on Uniform Civil Code and that India will be run by the majority at a Vishwa Hindu Parishad (VHP) function, retired Supreme Court judge Justice A K Pattnaik tells Suchitra Kalyan Mohanty that a judge shouldn’t express views on political matters at a public forum.
Excerpts:
What’s your take on Justice Yadav’s comment?
He (Justice Yadav) should not have expressed his views on political matters at a public meeting. It was incorrect to do so. He may have his views on certain matters, but shouldn’t express in a public platform.
Do you think Justice Yadav broke rules mandating judges to maintain impartiality, equality and restraint in their judgments as well as outside the court?
Justice Yadav has taken oath to uphold the Constitution. He has acted against the oath by expressing his opinion against a religious community. Has he forgotten that he is a judge? He crossed his boundaries.
At least 55 MPs have signed a joint petition in the Rajya Sabha to impeach Justice Yadav…
It was expected of the 55 MPs to initiate a move to impeach Justice Yadav. The Constitution provides that a judge can be removed only by an order of the President, based on a motion passed by both Houses of Parliament. To initiate proceedings, at least 100 members of the Lok Sabha may submit a signed petition to the Speaker, or 50 members of the Rajya Sabha may give a signed notice to the Chairman. The Speaker or Chairman may consult individuals and examine relevant material related to the notice. Based on this, he/she may decide to either admit the motion or refuse it.
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