LEGAL ACUMEN | Should Allahabad High Court Justice Shekhar Kumar Yadav be Removed as a Judge for his Controversial Remarks About Muslims?
The HinduPublished : Dec 18, 2024 17:49 IST - 8 MINS READ The Allahabad High Court’s sitting judge, Justice Shekhar Kumar Yadav’s remarks targeting Muslims on December 8 at an event organised by the Vishwa Hindu Parishad’s legal cell, has stirred up a huge controversy: 55 Members of Parliament submitted a memorandum to the Rajya Sabha Secretary General seeking his removal for hate speech. The Collegium’s role It would seem that the Collegium—a mechanism created by the Supreme Court’s judgment in the second judge’s case to recommend the appointment of judges to the Supreme Court—is perhaps playing an extra-constitutional role in seeking Yadav’s explanation. Justice Yadav’s remarks, and the Supreme Court’s limited scope for intervention to discipline a delinquent judge, suggest a vacuum in the Constitution and the laws for effective remedial steps, as judges like Justice Yadav take impunity for granted. The NJOC was to include a sitting judge of the Supreme Court, a Chief Justice of the High Court, the Attorney General for India, and an “eminent” person to be appointed by the President.