Rajya Sabha chairman Venkaiah Naidu said the main reasons for rejecting the decision to remove Indian Chief Justice Deepak Mishra.
1. I closely examined whether to approve the resolution submitted by the members of the Parliament of India. Is not everything in that resolution before I can accept the resolution? It is to make sure that it is under ‘proven misconduct’ under Article 124 (4) of the Constitution. For this, I was guided by the M.Krishnasamy vs. Union of India case.
In this case, “the Chief Justice of India and the Attorney General of India should advise the Speaker to provide legal advice on the issue before accepting the resolution. Before accepting the resolution, we have to see if it has clear evidence. The judiciary must take into account the conservation of the broader interests. ”
2. In this regard, I have consulted the legal experts, constitutional experts, former secretary generals, former judges, law commission members and their opinions.
3. I have personally interacted with many of the items in this notice. I examined the allegations in the resolution on the basis of the judgments given by the highest court in the country.
4. Examination of such conclusions is to be considered mainly under Article 124 (4). One is ‘proven misconduct’, and ‘inefficiency’. The term ‘proven’ refers to the need to prove the misconduct of the accused.
5. Members of the Parliament are not clear on their resolution. The words they use in their notice are just suspicions or their assumptions. They do not have any evidence that they do not have any doubts under Article 124 (4).
6. The Honorable Judge of the Hon’ble Chief Justice of India has declared the Chief Justice of the ‘Master of Roster’. It is, therefore, an internal matter that the Supreme Court should solve. While the five items mentioned in the notice are not considered, none of them has been found to be justified or permissible. After examining all the subjects I decided not to accept the decision of the members to issue.
7. I have not come to the attention of the five accused in the case and that the Chief Justice of India has been blamed for ‘misconduct’. I found that there was no specific evidence for the allegations made against him.
8.Health Members abandoned the items in paragraph 2.2 of the Rajya Sabha handbook. It should be noted that the chairperson does not disclose them unless it permits the notice. On 20th April 2018, a press conference was set up and members of the notice shared with the media. This is a reaction to the reputation of Parliament.
9. We should not take measures to undermine government pillars through constitutional foundations, our words, hands and ideas as the ultimate democratic conventional heirs. I think it is not good to allow the resolution of the members in this background.