The controversy surrounding Justice Shekhar Kumar Yadav of the Allahabad High Court has reached a new political threshold as the Opposition INDIA bloc prepares to move an impeachment motion against him in the Rajya Sabha. Justice Yadav, who stirred significant controversy with his remarks at a Vishwa Hindu Parishad (VHP) event on December 8, 2024, has become the subject of widespread political and legal scrutiny. His statement, suggesting that the country would function according to the "wishes of the majority," has drawn sharp criticism, particularly from Muslim leaders and rights advocates who argue it undermines India's Constitutional commitment to minority rights.

Aga Syed Ruhullah Mehdi, the Lok Sabha MP from Srinagar, publicly declared that he would submit a notice for the impeachment of Justice Yadav, an action that has been backed by several prominent MPs from Congress, Samajwadi Party (SP), Trinamool Congress (TMC), and DMK. The legal framework for such a move is under the Judges (Inquiry) Act, 1968, which outlines the procedure for impeachment of judges. The motion is likely to be brought before the Rajya Sabha after more signatures are collected.

At the core of the controversy is Yadav’s remarks at the VHP event in Prayagraj, where he asserted that the country operates "according to the wishes of the majority" and suggested that "only what benefits the welfare and happiness of the majority will be accepted." These statements sparked outrage, particularly from leaders like Asaduddin Owaisi and Prashant Bhushan, who emphasized that the Indian Constitution protects the rights of minorities, not just the majority. Owaisi invoked Dr. B.R. Ambedkar, stating that "a majority has no divine right to rule," highlighting the tension between the majoritarian and democratic principles embedded in India's legal system.

In the Rajya Sabha, the impeachment motion requires signatures from at least 50 MPs, a threshold already met by 36 MPs from various opposition parties. However, given that the National Democratic Alliance (NDA) holds a majority in both houses of Parliament, the motion faces significant hurdles in terms of passing, even if it is accepted for review by the presiding officer.

The process for impeachment involves the formation of a three-member committee to investigate the allegations against Justice Yadav, which could ultimately lead to impeachment proceedings if the committee finds merit in the claims. However, impeachment motions against judges in India have been historically rare and have never successfully passed, with the most recent effort being in 2018 against Chief Justice Dipak Misra, which failed to gain sufficient support.

This motion highlights the political complexities involved in holding judges accountable for their actions, especially when those actions intersect with sensitive issues like religion and democracy. The Opposition's stance on judicial accountability reflects broader concerns about the independence of the judiciary and its role in a democratic society.

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