The Indian government is poised to decide whether to initiate the removal proceedings against Justice Yashwant Varma in the Lok Sabha or the Rajya Sabha during the Monsoon session of Parliament, scheduled to commence on July 21 and conclude on August 21. This decision follows indications of support from multiple opposition parties for the move to remove him from the judiciary.

To initiate the removal process of a Supreme Court or High Court judge, Article 124(4) of the Constitution necessitates an order from the President, which can only be issued after each House of Parliament presents an address. This address must be supported by a majority of the total membership of each House and a majority of no less than two-thirds of the members present and voting. The motion must cite "proved misbehavior or incapacity" as the grounds for removal.

The Judges (Inquiry) Act outlines stringent conditions for initiating a removal proceeding. It requires Parliament to form a three-member committee to investigate the allegations. This committee includes the Chief Justice of India or a Supreme Court judge, a High Court Chief Justice, and an eminent jurist. The committee is formed only after a motion for removal is moved in Parliament and addressed to the President. Following the motion, the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha may admit the motion and establish an inquiry committee.

For a motion to be admitted, it requires the endorsement of at least 100 Lok Sabha MPs or 50 Rajya Sabha MPs. Union Parliamentary Affairs Minister Kiren Rijiju stated that the process of collecting signatures from MPs is expected to begin soon, pending the government's decision on which House to bring the motion. Rijiju also noted that prominent opposition parties have, in principle, agreed to support the motion, emphasizing the government's desire for consensus on matters related to the judiciary.

The move to initiate removal proceedings against Justice Varma follows a report by a Supreme Court-appointed in-house committee that investigated allegations concerning unaccounted cash found at his official residence during his tenure as a judge at the Delhi High Court. The committee, comprised of two serving Chief Justices from the Punjab and Haryana High Court and the Himachal Pradesh High Court, and a sitting judge of the Karnataka High Court, submitted its report to the then-Chief Justice of India, Sanjiv Khanna, who is believed to have favored the judge's removal. Justice Varma, however, has denied any knowledge of the cash.

Justice Varma was subsequently transferred back to the Allahabad High Court, where he has not been assigned any judicial duties.

In the past, other judges have faced impeachment motions, like Justice PD Dinakaran and Justice Soumitra Sen, who resigned before the process could be completed. Justice SK Gangele also faced an impeachment motion, while a motion against Justice Shekhar Yadav is currently pending in the Rajya Sabha.