Guest post by BOBBY KUNHU
Yesterday, on 23rd April 2018, the Vice President of India and the Chairperson of Rajya Sabha declined to admit an impeachment motion against the Chief Justice of India, thereby setting a dangerous precedent that scuttles a constitutionally mandated provision to ensure judicial accountability. There are two things that this action signifies. First, the rumors of the executive subverting judicial independence gains credence as the executive has refused to endorse a Parliamentary enquiry into the same. Second, it provides the needed impunity for any judge to act in any manner she deems fit as long as she curries favor with the executive.
It is the hegemonic notion of maintaining patriarchal, feudal and caste status quo that wants to protect powerful institutions and people from being accountable – and imagines it a scandal if an alleged wrongdoing is investigated. The archaic common law maxim; rex non potest peccare (the King can do no wrong) is rooted in this. The illogical reprimands and criticisms against the attempted impeachment motion against the Chief Justice of India need to be examined in this light. Continue reading “Impeachment of Chief Justice of India – what is the real danger to democracy? Bobby Kunhu”