Judge Shekhar Kumar Yadav Hate Speech Case: Rajya Sabha To Form Panel To Probe Allegations

Rajya Sabha Chairman Jagdeep Dhankhar is expected to establish an inquiry committee to investigate alleged hate speech by Justice Shekhar Kumar Yadav of the Allahabad High Court. This follows a notice for impeachment submitted by Opposition MPs, which includes 55 signatures. The process of verifying these signatures is currently underway.

In a speech at a VHP event on December 8, Justice Yadav made controversial remarks supporting a Uniform Civil Code and addressing the Muslim community. He stated, "I have no hesitation in saying that this is Hindustan... and the country will run according to the majority who live in Hindustan." His comments have sparked significant backlash.

Impeachment Process Underway

The impeachment motion requires at least 50 Rajya Sabha MPs or 100 Lok Sabha MPs to sign the resolution, as per the Judges Inquiry Act. On March 21, Dhankhar mentioned that two emails had been sent to MPs for signature verification. He noted, "Of the 55 members who signed the representation, a member's signature appears on two occasions and the member concerned has denied his signature."

Opposition sources indicated that duplicate signatures resulted from misunderstandings during signing. They prepared three sets of representations for submission. Despite one invalid signature, they believe enough valid signatures exist to proceed with impeachment.

Constitutional Obligations and Procedures

On February 13, Dhankhar addressed the House about receiving an undated notice under Article 124 (3) of the Constitution for Justice Yadav's removal. He emphasized that responsibility constitutionally lies with him and potentially with Parliament and the President. He suggested sharing information with the Supreme Court Secretary General.

Article 124 (4) allows Parliament to remove a Supreme Court judge for "proved misbehavior" or "incapacity." Article 218 extends this to High Court judges. The Monsoon Session of Parliament begins on July 21, when further actions may be taken.

Supreme Court's Involvement

Media reports suggest that the Supreme Court acknowledged the incident and requested a report from Allahabad High Court Chief Justice Arun Bhansali. However, after being informed by Rajya Sabha Secretary General P C Mody about pending impeachment proceedings in Parliament, it decided not to pursue further action.

The matter was reportedly discussed during a meeting with floor leaders on March 25. Once signatures are verified, actions can proceed regardless of whether Parliament is in session.

A delegation of Opposition members submitted an impeachment notice against Justice Yadav on December 13, accusing him of hate speech.