Without commenting on merits and demerits in writ filed at Supreme Court against Vice President of India declining to admit motion of impeachment against Chief Justice of India, one thing is clear that propriety demanded that the matter would have been heard by the senior-most judge next to Chief Justice of India to decide if constitution-bench should have been formed to hear the petition. Even if a constitution-bench had to be formed, Chief Justice of India must have recused himself from forming constitution-bench leaving the task to senior-most judge next to him.
It is unfortunate that long RTI-route had to be adopted for revealing how the constitution-bench was formed in a supersonic manner without the writ having been admitted in normal course. By the time final response on RTI application filed by an advocate seeking information on such formation of constitution-bench comes may be after crossing hurdles of first appeal and second appeal comes, significant of RTI response will become valueless. Such hurried constitution of a constitution-bench if done by Chief Justice of India will certainly be an impropriety because he must have recused himself from any matter involving him.
Subhash Chandra Agrawal
(The views expressed by the author in the article are his/her own.)