Impeachment Can’t Be Answer to Every Question: Justice Chelameswar

“The power (of the CJI) is required to be exercised for the purpose of achieving public good,” he further said.

Justice Jasti Chelameswar.

(Photo: PTI)

Justice J Chelameswar, who courted controversy by virtually revolting against Chief Justice of India Dipak Misra, said that impeachment cannot be an answer to every question or problem, and that there is a need to correct the system.

Justice Chelameswar, the senior-most judge after the CJI, said the 12 January press conference he held along with Justices Ranjan Gogoi, MB Lokur and Kurian Joseph, was the result of "anguish" and "concern" as their deliberations with the CJI did not achieve the desired results on the issues they raised regarding the functioning of the top court.

The judge, who was delivering a talk on the topic 'Role of Judiciary in Democracy' and in conversation with journalist Karan Thapar, also answered questions on the priority of the CJI in constituting benches and allocating cases to different judges as the 'master of roster'.

The CJI is the ‘master of roster’. Undoubtedly, the CJI has this power. The CJI has the authority to constitute the benches, but under the constitutional system, every power is coupled with certain responsibilities. The power is required to be exercised not because it exists, but for the purpose of achieving public good. You don’t exercise the power merely because you have it.

Justice Chelameswar

He replied in the affirmative when asked if he felt that the power of setting up benches and allocation of cases should not be exercised arbitrarily.

Asked by Thapar if there is "sufficient ground for seeking impeachment of the Chief Justice of India?", Justice Chelameswar said:

Why this question is asked? The other day, someone was asking for my impeachment. I don’t know why this nation is worried about impeachment so much. In fact we (along with Justice Ranjan Gogoi) wrote in the judgement of Justice CS Karnan that apart from that, there must be mechanisms to put the system in order.

Justice Chelameswar

"Impeachment can't be the answer for every question or every problem. A few days ago, I heard somebody asking for my impeachment. Like the saying goes, I don't agree with you but I shall protect your right to say so," he said.

His response came in the backdrop of moves by opposition parties to initiate impeachment proceedings against the CJI. No CJI has ever faced impeachment in the country.

In the programme organised by the Harvard Club of India, which consists of people who have studied from the American university and are residing in India, the judge made it clear that after his retirement on 22 June, he would "not seek any employment from the government".

"I am saying it on record that after my retirement on 22 June, I will not seek any appointment from the government," he said.