MPs petition to impeach Gujarat High Court judge

58 Rajya Sabha MPs today moved a petition before the Chairman seeking impeachment of Gujarat High Court judge JB Pardiwala for his alleged “unconstitutional” remarks against reservation made in the Hardik Patel case. The MPs alleged that while delivering the judgment on a special criminal application against Hardik Patel, Justice Pardiwala has ruled that two things have “destroyed this country or rather, (have) not allowed this country to progress in the right direction...(i) reservation and (ii) corruption.”

The petition said the judge has also mentioned that “when our Constitution was framed, it was understood that the reservations would remain for a period of ten years, but it has continued even after 65 years of independence.” The MPs said the 10-year limit was prescribed for the political reservations i.e. representation to the SCs and STs in the Union and state legislatures, and not the reservation in the areas of education and employment. “It is distressing that Justice JB Pardiwala should be unaware of the constitutional provision with respect to the policy for the SCs and the STs,” it said. 

The petition by MPs said since the observations of the judge find place in judicial proceedings, “these are unconstitutional in nature and amount to behaviour misconduct towards the Constitution of India that forms the ground for an impeachment.” The MPs have appealed to Rajya Sabha Chairman Hamid Ansari to initiate the proceedings for impeachment against Justice Pardiwala.