Opposition renewed efforts to remove CJI :-
Several Opposition leaders intensified their efforts to arrive at a common position to give a notice for a motion for the removal of the Chief Justice of India Dipak Misra.
The proposal had been initially mooted after four Supreme Court judges spoke out against the CJI’s use of his position as the master of the roster in January.
The removal of the Chief Justice – or any judge – is a lengthy constitutional process :-
- To submit a removal motion itself requires the support of at least 50 MPs in the Rajya Sabha or 100 in the Lok Sabha.
- The Speaker of either of the houses reserves the discretion to admit or reject it.
- If it is admitted, constitute a three-member committee to investigate the charges which should consist of
a) Chief Justice or Judge of Supreme Court
b) Chief Justice of High Court
c) Distinguished Jurist
- If the committee finds the judge to be guilty, the House can take up the motion for consideration.
- Once the house, in which it was originally admitted, passes it with a special majority, it then goes to the other house, which has to pass it with a special majority as well.
- An address for the removal of the judge is then presented to the president, who then passes an order.
Special Majority :- It means majority of each house at least 2/3rd of the members present and voting
Illegal for Khaps to stop Marriages – SC :-
The Supreme Court bench of Chief Justice Dipak Misra and justices AM Khanwilkar and DY Chandrachudon Tuesday said the interference by khap panchayats in marriages of inter-faith or inter-caste couples, who often face threat to their lives due to their relationship, was “absolutely illegal” and laid down guidelines to prevent such intrusions & said the norms laid down by it would remain in force till a suitable legislation is enacted by Parliament.
Guidelines to prevent honour killing :-
- Governments should identify districts, sub-divisions and/or villages where instances of honour killing or assembly of khap panchayats have been reported in the recent past, eg in the last five years
- Home department of the states shall issue directives or advisories to the superintendents of police and other police officers to be extra cautious if any instance of inter-caste or inter-religious marriage within their jurisdiction comes to their notice
- Police shall inform khap panchayats that convening of such meeting or gathering is illegal
- Khaps will be personally criminally liable if any harm is caused or decision is taken harm the couple or their family members
- Police will invoke various provisions of law, including by invoking prohibitory orders under section 144 of the Code Of Criminal Procedure and also by causing the arrest of the participants in the assembly under Section 151 CrPC to prevent meetings of khap panchayats.
Remedial measures :-
- Immediate registration of FIR against khap panchayat if they pass any diktat against a couple or their family of an inter-caste or inter-religious marriage
- Security must be provided to the couple or their family and, if necessary, to remove them to a safe house within the same district or elsewhere keeping in mind their safety and threat perception
- The state government may consider establishing a safe house at each district headquarter for that purpose. Such safe houses can cater to accommodate :-
(i) young bachelor-bachelorette couples whose relationship is being opposed by their families or local community/khaps
(ii) young married couples (of an inter-caste or inter-religious or any other marriage being opposed by their families/local community/khaps).
Punitive (Disciplinary) measures :-
- If police fail to comply with the court’s directions, it shall be considered as an act of deliberate negligence and/or misconduct for which departmental action will be taken
- State governments are directed to take disciplinary action against the police if it is found that they did not prevent the incident
- State governments shall create Special Cells in every district comprising of the superintendent of police, the district social welfare officer and district Adi-Dravidar welfare officer to receive petitions/complaints of harassment of and a threat to couples of inter-caste marriage
- These special cells shall create a 24-hour helpline to receive and register such complaints and to provide necessary assistance/advice and protection to the couple.
- Fasts track courts to be set up for honour killing cases
- The trial in such cases must proceed on day to day basis and to be concluded preferably within six months from the date of taking cognizance of the offence.