36 opposition MPs sign petition to impeach Allahabad HC judge over remarks at VHP event

New Delhi: The Opposition’s INDIA bloc in the Rajya Sabha is moving towards filing an impeachment motion against Justice Shekhar Kumar Yadav of the Allahabad High Court, following his contentious remarks at a Vishwa Hindu Parishad (VHP) event last week.

According to sources, 36 opposition MPs, cutting across party lines, have already signed the petition spearheaded by Independent Rajya Sabha MP and senior lawyer Kapil Sibal. The INDIA bloc, which holds 85 MPs in the Upper House, is likely to push for more signatories before officially submitting the motion on Thursday.

The signatories reportedly include Congress MPs Digvijaya Singh, Jairam Ramesh, and Vivek Tankha, as well as AAP's Sanjay Singh, TMC’s Saket Gokhale and Sagarika Ghose, RJD’s Manoj Jha, SP’s Javed Ali Khan, CPI(M)’s John Brittas, and CPI’s Sandosh Kumar.

The petition calls for impeachment proceedings against Justice Yadav under Section 3(1)(B) of the Judges (Inquiry) Act, 1968, along with Articles 124(4) and 124(5) of the Constitution.

As per the Judges (Inquiry) Act, an impeachment motion in the Lok Sabha requires the support of at least 100 MPs, while in the Rajya Sabha, it needs 50 signatories. Sources revealed that the opposition plans to submit video evidence, speech transcripts, and media reports on Justice Yadav’s controversial remarks along with the petition.

Once the motion is filed, it is up to the presiding officer of the House to either accept or reject it. If accepted, a three-member committee—comprising two judges and a jurist—is constituted to investigate the charges. If the complaint involves a High Court judge, the committee typically includes one Supreme Court judge and the Chief Justice of a High Court. For cases against Supreme Court judges, two judges of the apex court are part of the committee.

The impeachment process, as outlined under Article 124(4) of the Constitution, requires a majority of the total House membership and the backing of at least two-thirds of members present and voting, in both the Lok Sabha and Rajya Sabha. Given the ruling NDA’s strength in both Houses, it is unlikely the impeachment motion will cross this threshold.

So far, there have been four attempts to impeach High Court judges and two attempts to remove Supreme Court judges, including the 2018 motion against then-Chief Justice of India Dipak Misra. However, none of these attempts successfully completed the process.

Justice Yadav’s remarks at a VHP legal cell event on the Allahabad High Court premises stirred widespread controversy. Addressing the gathering, he stated that women, who are revered as goddesses in Hindu scriptures, should not be disrespected. He also questioned the practices of polygamy, halala, and triple talaq, asserting that demands for the continuation of such customs could not be justified.

The VHP, in a press release, highlighted that Justice Yadav advocated for a Uniform Civil Code (UCC), emphasizing the need for a singular legal framework for all communities. "Having separate Constitutions for different communities within one country poses a danger to the nation," he reportedly said. He argued that issues such as women’s rights, inheritance, and maintenance should be governed by a unified system to ensure equality and fairness.

The INDIA bloc’s move to seek Justice Yadav's impeachment reflects heightened political tensions and a fresh face-off between the opposition and the ruling government in Parliament.