Only Parliament has the jurisdiction to constitutionally remove a High Court Judge: RS Chairman Jagdeep Dhankhar

Rajya Sabha Chairman Jagdeep Dhankar conducts the proceedings of the house during the Budget Session, in New Delhi on Tuesday.
| Photo Credit: ANI

Rajya Sabha Chairman Jagdeep Dhankhar on Thursday (February 13, 2025) asserted that only Parliament has the jurisdiction to constitutionally remove a high court judge, saying a notice for removal of Justice Shekhar Yadav of Allahabad High Court is pending with him.

Last month, the Supreme Court sought a report from the Chief Justice of the Allahabad High Court on the communally charged remarks made by Justice Yadav and later asked him to appear before senior judges of the court.

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Speaking in the House, the Chairman also asked the Rajya Sabha Secretary General to share with the Secretary General of the Supreme Court the information that 55 members of the upper house had given a notice to the Chairman for removal of Justice Yadav in December.

“I am seized of an undated notice for motion received on 13 December 2024, bearing 55 purported signatures of the members of the Rajya Sabha seeking removal from office of Justice Shekhar Yadav of Allahabad High Court under Article 124(4) of the Constitution. The jurisdiction for the stated subject matter constitutionally lies in exclusivity with the Chairman Rajya Sabha and in an eventuality with the Parliament and Hon’ble President,” Dhankhar said.

“Taking note of public domain information and inputs available, it is expedient that the Secretary-General, Rajya Sabha shares this information with the Secretary-General, Supreme Court of India,” he said.

Members of several opposition parties had moved the notice in Rajya Sabha on December 13, 2024, for the impeachment of Justice Yadav over his alleged controversial remarks at a recent VHP event, sources said.

The notice for the motion was moved under the Judges’ (Inquiry) Act, 1968, and Article 218 of the Constitution, seeking initiation of proceedings for impeachment of Justice Yadav.

The notice mentioned that the speech/lecture delivered by Justice Yadav during the VHP-organised event prima facie showed that he “engaged in hate speech and incitement to communal disharmony in violation of the Constitution of India”.

The notice also mentioned that the judge prima facie showed that he targeted minorities and displayed bias and prejudice against them.