The government is expressing confidence in achieving a consensus within Parliament regarding the potential removal of Allahabad High Court judge Yashwant Varma. This move follows Justice Varma's indictment by a Supreme Court-appointed committee investigating allegations of corruption stemming from the discovery of a substantial amount of burnt cash at his official residence in Delhi.
Union Parliamentary Affairs Minister Kiren Rijiju has taken the lead in reaching out to leaders across the political spectrum to foster a united front on this issue. Rijiju emphasized that the matter transcends political lines, focusing instead on the integrity of the judiciary. "It's not a political issue, it's a matter of seriousness related to corruption in the judiciary. There is no scope for any political angle in it. We will evolve a consensus,” Rijiju told The Indian Express. He has conveyed that the government aims to present a united stance against judicial corruption, seeking support from all parties.
The controversy surrounding Justice Varma erupted after a fire incident at his Delhi residence, where he previously served as a High Court judge. The discovery of burnt cash at the premises ignited a controversy. Justice Varma has denied any wrongdoing; however, the Supreme Court formed an inquiry committee, which eventually indicted him. Subsequently, Justice Varma was transferred to the Allahabad High Court, where he currently remains without any assigned judicial responsibilities.
The impeachment motion, a mechanism for removing a High Court or Supreme Court judge, requires significant parliamentary support. As per the Judges Inquiry Act, 1968, a motion needs the backing of at least 100 members in the Lok Sabha or 50 members in the Rajya Sabha to be admitted. The presiding officer of the House then decides whether to accept or reject the motion. Given the government's active pursuit of consensus, it is anticipated that the motion will be accepted.
Several high-level meetings have been conducted to strategize the government's approach. Home Minister Amit Shah and Law Minister Arjun Ram Meghwal met with Prime Minister Narendra Modi to finalize preparations. Shah, along with J.P. Nadda, Leader of the House in Rajya Sabha, also conferred with Vice President and Rajya Sabha Chairman Jagdeep Dhankhar, suggesting the motion might be initiated in the Upper House. Sources indicate that Law Minister Arjun Ram Meghwal is likely to move the motion for Justice Varma's impeachment, relying on the Supreme Court committee's report.
The government's push for consensus highlights the gravity of the situation and the desire to maintain the judiciary's reputation. Previously, Chief Justice Sanjiv Khanna had forwarded the inquiry report, along with a recommendation for impeachment, to President Droupadi Murmu and Prime Minister Modi. Justice Varma was reportedly asked to resign but declined.
Historically, Parliament has rarely pursued impeachment motions against judges. In 1993, an impeachment motion against Supreme Court judge V. Ramaswami failed to garner sufficient votes, while Soumitra Sen of the Calcutta High Court resigned in 2011 after the Rajya Sabha passed an impeachment motion against him.
The upcoming Monsoon Session of Parliament is expected to be the stage for this significant event. The government's efforts to build consensus signal a determination to address the allegations against Justice Varma and uphold the integrity of the judicial system.