Opposition MPs from the INDIA bloc are preparing to submit impeachment notices in both houses of Parliament against Allahabad High Court Justice Shekhar Kumar Yadav, following his controversial remarks endorsing extremist Hindutva views at a Vishva Hindu Parishad (VHP) event on December 8.

Sources from the Congress revealed that two separate notices are being drafted—one in the Rajya Sabha, spearheaded by independent MP and senior advocate Kapil Sibal, and another in the Lok Sabha, led by National Conference MP Ruhullah Mehdi.

Justice Yadav, during his speech at the VHP event, asserted that India should function according to the “majority’s wishes,” referencing the Hindu community. He also used the derogatory term “kathmulla” to describe a section of Muslims, criticizing practices like polygamy and triple talaq as “fatal” to the nation.

Ruhullah Mehdi’s notice highlights Justice Yadav’s inflammatory language and asserts that his continued tenure undermines the judiciary’s integrity, impartiality, and secular ethos.

The notice in the Rajya Sabha has reportedly gathered 40 signatures, with efforts underway to secure the required 50.

Meanwhile, the Lok Sabha notice has already gained over 50 signatures, and MPs from major opposition parties, including the Congress, Trinamool Congress (TMC), Dravida Munnetra Kazhagam (DMK), and Samajwadi Party, have expressed their support. Both notices are expected to be submitted in the coming days.

Under Section 3 of the Judges (Inquiry) Act, 1968, a motion to remove a judge requires the support of at least 100 members in the Lok Sabha and 50 in the Rajya Sabha.

Upon admission of such a motion, the speaker or chairman must constitute a three-member committee comprising a Supreme Court judge, a high court judge, and a jurist to investigate the charges.

The impeachment process is governed by Articles 124(4) and 217 of the Constitution, which stipulate that a judge can only be removed by the president following an address by both Houses of Parliament.

This address must be supported by a majority of the total membership and at least two-thirds of members present and voting in the same session, on grounds of proven misbehaviour or incapacity.

Mehdi shared a copy of his notice on social media, emphasizing compliance with constitutional provisions for the motion.

The Supreme Court has also taken note of Justice Yadav’s remarks and sought details from the Allahabad High Court. Advocacy group Campaign for Judicial Accountability and Reforms has written to Chief Justice of India Sanjiv Khanna, urging an in-house inquiry into the matter. The Bar Association of India has also condemned the statements made by Justice Yadav.

Impeachment proceedings against judges have been rare in India. According to the Supreme Court Observer, only four such motions have been initiated.

In 2011, Justice Soumitra Sen of the Calcutta High Court became the first judge impeached by the Rajya Sabha for misconduct. However, he avoided impeachment by resigning before the Lok Sabha could take up the motion.