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CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
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A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

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Farce or Obsolescence of Impeachment Process 1

Farce or Obsolescence of Impeachment Process 1

Chapter:
(p.21) 3 Farce or Obsolescence of Impeachment Process1
Source:
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS
Author(s):

A.G. Noorani

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195678291.003.0069

This chapter examines the impeachment process, looking at Justice V. Ramaswamy's resignation from the Supreme Court in 1993. It notes the patent unconstitutionality of the Lok Sabha's decision to reject the motion of impeachment after an oral whip had been issued by the ruling party, the Congress(I), to its members to abstain from voting. It argues that the Lok Sabha flouted the ruling of the Supreme Court on 27 August 1992 and betrayed the trust reposed in it by the founding fathers of the Constitution. The party in the majority in the House is entirely responsible and the blame falls mainly on the shoulders of its leader, Mr P. V. Narasimha Rao. In addition, the chapter presents a different view of the impeachment process, showing that for many years in the USA, impeachment has been a thoroughly discredited process.

Keywords:   Justice V. Ramaswamy's resignation, patent unconstitutionality, Lok Sabha, P. V. Narasimha Rao, impeachment

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