The Indian Parliament is moving forward with the potential removal of Justice Yashwant Varma from his position as a High Court judge, following the discovery of burnt currency notes at his residence earlier this year. Notices for his removal have been submitted in both the Lok Sabha and Rajya Sabha, initiating a process that could lead to his impeachment.
Parliamentary Action
On Monday, a bipartisan group of parliamentarians submitted notices to the presiding officers of both the Lok Sabha and the Rajya Sabha, seeking Justice Varma's removal. In the Lok Sabha, 145 members signed the notice, which was presented to Speaker Om Birla. Signatories included prominent figures from across the political spectrum, such as Rahul Gandhi, Ravi Shankar Prasad, Supriya Sule, and T.R. Baalu. A similar notice, signed by 63 members of the Rajya Sabha, was submitted to Chairman Jagdeep Dhankhar. These notices invoke Articles 124, 217, and 218 of the Constitution.
The process for removing a judge requires a motion supported by at least 100 members in the Lok Sabha and 50 in the Rajya Sabha. Once the motion is accepted by the Speaker or Chairman, a three-member committee is formed under the Judges Inquiry Act to investigate the charges. This committee comprises a Supreme Court judge, a High Court Chief Justice, and a distinguished jurist, who must submit their report within three months. The report is then tabled in Parliament, followed by discussions and a vote in both houses.
The "Cash-at-Home" Controversy
The controversy surrounding Justice Varma began on March 15, when a fire at his residence in Delhi led to the discovery of burnt wads of currency notes. Justice Varma has denied any connection to the cash and has called the allegations against him "preposterous," alleging a conspiracy. However, the incident raised serious questions about potential corruption within the judiciary.
Supreme Court's Involvement
Following the discovery of the burnt cash, the Supreme Court established an in-house panel to investigate the matter. This panel found Justice Varma guilty of misconduct and recommended his impeachment. The panel's report indicated that Justice Varma and his family maintained control over the storeroom where the cash was discovered. Former Chief Justice Sanjiv Khanna forwarded the report with the impeachment recommendation to the President and Prime Minister.
Justice Varma has challenged the inquiry panel's report in the Supreme Court, seeking to nullify the recommendation for his impeachment. The Supreme Court, however, declined an urgent hearing for a petition seeking the registration of an FIR against him in connection with the case.
Reactions and Next Steps
The government has indicated its intention to pursue Justice Varma's removal. Parliamentary Affairs Minister Kiren Rijiju confirmed that over 100 MPs had signed the motion for his removal. Following the controversy, Justice Varma was transferred from the Delhi High Court back to his parent High Court in Allahabad.
With the notices for removal submitted, the Lok Sabha Speaker and Rajya Sabha Chairman are expected to decide on the admissibility of the motion. If admitted, a committee will be formed to investigate the charges, and Parliament will then debate and vote on the impeachment motion.