CAPT. VIRENDRA KUMAR, ADV. versus SH. SHIV RAJ PATIL, SPEAKER LOK SABHA

Impeachment voting in Parliament is a political process within the sovereign powers of Parliament, and the Supreme Court cannot intervene or direct the Speaker or Members on the conduct of voting, abstention, or circulation of communications during such proceedings.

Parties: Petitioner: Capt. Virendra Kumar; Respondent: Sh. Shiv Raj Patil
Jurisdiction: India
Judgment Date: 29 July 1993
Procedural Posture: Writ Petition (crl.) No. 216 of 1993 / Final Disposition at Supreme Court
Outcome: Petition dismissed
Legal Topics: Impeachment of Judges, Parliamentary Sovereignty, Parliamentary Procedure, Quasi Judicial Nature of Parliamentary Proceedings

Constitutional Law Judicial Accountability Impeachment of Judges Parliamentary Sovereignty Parliamentary Procedure Quasi Judicial Nature of Parliamentary Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 4 Party arguments 2

Parties

Capt. Virendra Kumar

Petitioner

Sh. Shiv Raj Patil

Respondent

Procedural Posture

Writ Petition (crl.) No. 216 of 1993 / Final Disposition at Supreme Court

Legal Issues

1 Nature of impeachment proceedings against a judge under the Constitution
2 Whether Court can intervene in parliamentary voting on impeachment motion
3 Obligation of Speaker/Lok Sabha to circulate communication to members in impeachment proceedings

Ratio Decidendi

Court Disposition

Petition dismissed

Orders

The prayers of the petitioner cannot be entertained and the writ petition stands dismissed.