The opposition's motion to remove Justice Yashwant Varma from his position as a judge has recently been a focal point of political and legal discussions in India. The controversy surrounding Justice Varma stems from the discovery of burnt currency notes at his official residence in Delhi earlier this year. This incident prompted an internal inquiry by the judiciary, which confirmed the charges of unaccounted cash recovery and led to his transfer to the Allahabad High Court.
Following these developments, opposition parties initiated a motion in the Rajya Sabha, the upper house of India's Parliament, seeking Justice Varma's removal. To initiate such a motion, the Judges Inquiry Act of 1968 requires signatures from at least 50 members of the Rajya Sabha. In this instance, 63 opposition members signed the notice and submitted it to the Chairman of the Rajya Sabha. However, recent reports indicate that this motion was not admitted by the Rajya Sabha.
The procedure for the removal of a judge involves several steps. First, a motion with the required signatures must be submitted to the Speaker of the Lok Sabha (lower house) or the Chairman of the Rajya Sabha. The Speaker or Chairman can then decide whether to admit or reject the motion. If admitted, a three-member committee is constituted to investigate the charges. This committee typically includes a Supreme Court judge, a High Court Chief Justice, and a distinguished jurist. After the investigation, the committee submits a report to the Speaker or Chairman. If the committee finds the judge guilty, the report is presented to both houses of Parliament, where a debate and vote take place. A special majority, including two-thirds of the members present and voting and more than 50% of the total membership of each House, is required to pass the motion. Finally, if both Houses pass the motion, it is sent to the President, who then issues an order removing the judge.
With the Rajya Sabha motion not being admitted, the focus has shifted to the Lok Sabha, where a separate motion has been submitted with bipartisan backing. This motion, reportedly signed by 152 members from various parties, may now be the primary basis for initiating the removal process. The Lok Sabha Speaker is expected to form a committee to investigate the charges against Justice Varma.
The recent developments have also stirred political discussions, including the sudden resignation of Vice President Jagdeep Dhankhar, which some sources link to his decision to accept the opposition's notice in the Rajya Sabha. It is suggested that this move may have preempted the government's own plans regarding the impeachment proceedings.
The grounds for the removal motion against Justice Varma include "financial misconduct and lack of transparency," "unnatural conduct and concealment," and "breach of public trust and probity," as stated in the Supreme Court's internal committee report. The opposition's demand for details of the Supreme Court findings highlights the significance of these allegations.
The impeachment process of judges in India is a complex procedure governed by the Constitution and the Judges Inquiry Act. It requires careful consideration and adherence to established protocols to ensure judicial accountability while safeguarding the independence of the judiciary. The next steps in the process will be closely watched as the Lok Sabha moves forward with its motion to address the allegations against Justice Yashwant Varma.
