JUDGMENT

R.M. SAHAI, J.—The petitioner, a practising advocate of this Court, has filed this petition under Article 32 of the Constitution seeking declaration that the Motion of Impeachment against Mr Justice V. Ramaswami, a sitting Judge of this Court moved in the Lok Sabha seeking to remove him from the office of Judge, should be deemed to have been carried by construing the expression, support of the majority in Article 124(4) in such a manner that any member who abstained from voting should be deemed to have supported the Motion. It was also claimed that this Court may recommend for repeal of Article 124(4) of the Constitution as it has been rendered unworkable and non-functional and that it be substituted by an appropriate provision. Reliance was placed on Halsburys Laws of England, Vol. 10 and it was urged that although the Parliament was not strictly speaking a judicial body but its jurisdiction while exercising the right of vote on an Impeachment Motion is judicial, and, therefore, the refusal of the members or their abstaining from voting was an abdication of exercise of judicial power which may be set right judicially by assuming that those who abstained from voting should