New Delhi: Saying that majoritarian rule is against the constitution, the Catholic Bishops’ Conference of India (CBCI) has called on MPs to take action against Allahabad high court Justice Shekhar Kumar Yadav for his remarks made at a Vishva Hindu Parishad (VHP) event over the weekend.
Referring to Justice Yadav’s statements on Sunday that India ought to function according to the wishes of the “majority” – that is, Hindus – and that “this is the law”, the CBCI in a press statement on Wednesday (December 11) said that “law in India is not ‘majoritarian rule’.”
Majoritarian rule is “the opposite of everything that is intended by Article 14 and the constitutional morality of India”, the CBCI said. Article 14 of the constitution guarantees the equality of all persons before the law.
“One who does not have faith in our constitution and its morality should have nothing to do with the judiciary in India, much less to be a judge,” the Conference also said in its statement.
Justice Yadav made many controversial statements at the VHP event, which was held inside the high court’s library hall, including one where he used the term kathmullah to refer to a section of Muslims. Some have noted that the word is known to be used as a slur for Muslims.
“The law works according to the majority. Be it in the context of the family or society. Only what benefits the welfare and happiness of the majority will be accepted,” Justice Yadav had said at the event organised by the VHP, which is a far-right Hindutva branch of the Rashtriya Swayamsevak Sangh that has targeted Muslims and Christians.
Noting that in cases like Justice Yadav’s procedures exist under Articles 124 and 217 of the constitution, whereby parliament can remove high court judges, the CBCI said that if “the government of the day fails, it is the primary duty of the opposition to step in”.
“Sadly, we find all political parties have failed in this grave situation,” it went on to say, adding that there was a “glimmer of hope” in the news of some MPs demanding that removal proceedings against Justice Yadav be initiated as well as of calls for the apex court to institute an investigation against him.
The bishops’ body called on MPs to disregard their political affiliations, “rise to the occasion and take steps to actively support the constitutional action against the concerned judge so that such incidents are not repeated by anyone”.
After the CBCI released its press statement, The Wire reported citing sources that opposition MPs in both houses of parliament were preparing to submit notices to move impeachment proceedings against Justice Yadav.
The notice in the Rajya Sabha, steered by independent MP Kapil Sibal, has so far gathered 40 of the requisite 50 notices, while the one in the Lok Sabha, which is being led by National Conference MP Ruhullah Mehdi, has accumulated 50 of the requisite 100 notices, sources said.
Concluding its letter, the CBI quoted B.R. Ambedkar as saying when presenting the constitution in November 1949:
“But this much is certain that if the parties place creed above country, our independence will be put to jeopardy a second time and probably be lost forever. This eventuality we must all resolutely guard against. We must be determined to defend our independence with the last drop of our blood.”
Other organisations have also spoken against Justice Yadav’s statements, including the Campaign for Judicial Accountability and Reforms, which asked Chief Justice of India Sanjiv Khanna for an in-house enquiry against the high court judge.
The judge’s statements “betray his inability to act with fairness, impartiality and neutrality in the discharge of his judicial functions”, the organisation said, asking that all judicial work be withdrawn from him till the completion of the enquiry.
The All India Lawyers’ Association for Justice, a pan-India organisation of lawyers, also wrote to the chief justice seeking urgent disciplinary action against Yadav and the withdrawal of all his administrative and judicial work.
