"It is imperative that we have extraordinary, important and substantial grounds for the removal of a judge", said Naidu, pointing out that such a reason was missing in the Opposition's petition. We will accept whatever the court decides, ' Mr Sibal said.
However, there was a political divide among lawyers associated with various parties over the Rajya Sabha Chairman's decision to reject the impeachment notice against the CJI, as they termed the move either as "most perfect" or "erroneous" and "astounding".
In fact, there were some differences within the Congress also on making the move for impeachment motion against Chief Justice Misra as former Prime Minister Dr Manmohan Singh did not sign the motion. "The order is unprecedented, illegal, ill-advised and hasty", Sibal said, adding, "We will certainly move a petition in the SC to challenge this order".
Rajya Sabha members from the Congress, Nationalist Congress Party, Communist Party of India (Marxist), Communist Party of India, Samajwadi Party, Bahujan Samaj Party and the Muslim League had ganged together to seek Chief Justice through an impeachment motion.
Kashyap said there have been motions in the past which were not rejected "but the Chairman of Rajya Sabha and Speaker of Lok Sabha have unrestricted power either to admit or to reject the notice of the motion".
The Rajya Sabha had in 2011 passed an impeachment motion against Justice Sen.
Meanwhile, the opposition parties backed by Congress are keen to continue the effort and it seems that Rahul Gandhi is sure to take this matter to the Supreme Court of India.
Naidu said, "I have applied my mind to all five charges made out in Impeachment Motion and examined all annexed documents".
For example, their notice says, referring to Chief Justice Misra, that "he too was likely to fall within the scope of investigation".
Normally, in such a scenario, the former judge, who had also served in the Law Commission said, "It is the number two judge in seniority who steps in and allocates the Bench".
It decided the admission of motion on merits without the 2nd stage inquiry.
The move not only diminishes the public's faith in the judiciary but could well open the door for the ruling party to move against a judge if it doesn't like a particular judgment, he said.
On Sunday, the Vice-President had cut short his visit to Hyderabad and returned to the national capital to set in motion the process of consultations after an impeachment notice was filed against the CJI.
Justice Chelameswar is one of the four judges, who had held a press conference in January on the problems facing the Supreme Court, chief among which was the CJI's functioning as master of the roster. The chairman of the Upper House, Venkaiah Naidu, will determine whether there are sufficient grounds for a vote by lawmakers on Misra's removal.
He said that the vice president took the decision after due consideration.