Rajya Sabha MPs Demand Allahabad High Court Judge Yadav’s Removal 

• 55 Rajya Sabha MPs have submitted a motion for removal of Allahabad High Court Judge, Justice Shekhar Kumar Yadav, to the Rajya Sabha Chairman.

• The procedure for removal is provided in the Judges (Inquiry) Act, 1968, which requires a notice of motion for removal to be signed by at least 50 members in the Rajya Sabha and 100 members in the Lok Sabha.

• The requirement of a special majority in both houses has resulted in the non-removal of judges even after being found guilty of misbehaviour by the inquiry committee.

• Justice Yadav’s controversial remarks at an event organized by the Vishwa Hindu Parishad have been cited as a reason for the non-removal of judges.

• The Blackstone’s ratio in criminal jurisprudence can be applied to the removal of judges, as it is better for ten guilty persons to escape than for one innocent to suffer.

• The Chairman of the Rajya Sabha is unlikely to admit the motion, and the Supreme Court has issued a notice seeking details of Justice Yadav’s controversial speech.