In the wake of finding burnt currency notes at premises of Justice Yashwant Varma of the Allahabad High Court, the Union Government is on its way to the process of seeking sponsors to a motion in the Supreme Court to remove Justice Yashwant Varma of the Allahabad High Court. According to Union Parliamentary Affairs Minister Kiren Rijiju, the signatures to the motion would shortly be collected and the motion would muster 100 members in the Lok Sabha and 50 in the Rajya Sabha to be admitted. Although the House of introduction is yet to be decided, the motion is likely to spawn a three member inquiry committee. The procedure may outreach to the Monsoon Session which terminated on August 21.
Context
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The Centre is continuing to push a motion to withdraw Justice Yashwant Varma of the Allahabad High Court in an incident involving burnt currency note at his official residence.
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The move will need a lot of parliamentary backing to bring into existence and it may take months before a resolution is arrived at.
Key Points
Major Incidents that Resulted to Removal Motion
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Incident: A fire in the home of a justice in March (Justice Varma), 2023 caused the burnt sacks of currency notes to be found in the outhouse.
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Response of the Judge: Justice Varma is said to have denied the burnt money.
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Supreme Court Inquiry findings: An inquiry committee, appointed by the Supreme Court and headed by a former Chief Justice Sanjiv Khanna, did recommend further action but stopped short of indicting Justice Varma.
Removal Process
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Support Needed:
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100 members in Lok Sabha
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50 members in Rajya Sabha
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Three-Member Inquiry Panel:
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After the motion has been admitted, a panel will be composed which shall consist of:
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A Judge of Supreme Court,
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A Chief Justice of High Court and,
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A distinguished jurist
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Timeline:
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The committee will give a report within 3 months.
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Legal Framework
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Judges (Inquiry) Act, 1968:
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Regulates the process of impeaching the judges.
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To be removed he must be subject to a motion in Parliament and an inquiry committee.
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Speculation and The Timeline
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The session concludes on August 21, extending to run for 10 days.
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Delay: Although the motion would be introduced, say, in this session, it would not be expected to be completed in this time since an investigation process would be needed.
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Procedure of Removal of Judges
Constitutional Provision
Article 124 and 217
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Grounds of Removal:
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The President of India can remove the President of India on the proved misbehavior or incapacity of a judge of a Supreme Court or a High Court.
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Misbehaviour: Misbehaviour is an offence, it consists of wilful misconduct, malpractices, corruption, lack of integrity or of acts constituting moral turpitude.
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Incapacity: This is a body or mind inability to perform the tasks of the judge.
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Procedure:
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Movement in Parliament: The removal motion may be presented either in the House of Lok Sabha or Rajya Sabha.
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The motion has to be passed with:
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Majority of the house membership in total
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Special majority Two-thirds of all members present and voting.
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Judges (Inquiry) Act, 1968
Judges (Inquiry) Act, 1968 gives the entire process of removal of judges.
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Step 1: Motion to remove
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A motion of removal should be signed by not less than 50 members of the Rajya Sabha and 100 members of the Lok Sabha.
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This motion is later presented before the Chairman of Rajya Sabha or speaker of Lok Sabha.
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Step 2: Motion admission.
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The Chairman/Speaker can either allow or decline the motion following a consultation.
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Once the motion is granted, then the following takes place.
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Step 3: Inquiry Committee constitution
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An investigation committee composed of three people is set up to explore the allegations:
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One Supreme Court Judge
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One High Court Judge
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One distinguished jurist
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The committee is mandated with investigating the cases of misbehaviour or incapacity.
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Step 4: Research and Reports
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In case the committee concludes that the judge does not misbehave or is not incapacitated, the motion is discarded and no further measures are taken.
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In case that the committee determines that the judge is liable, the report is tabled in both of the Houses of the Parliament.
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Step 5: Vote at Parliament
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Then the House of Parliament votes on the motion.
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The motion should have the assent of a special majority in Lok Sabha and in the Rajya Sabha.
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Step 6: Decision of the president
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In the event that the motion is successful in both Houses of Parliament, then the President can make an order to remove the judge from office.
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Judicial Clarifications
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Misbehaviour The Supreme Court has enlightened that misbehaviour incorporates:
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Fraud and abuse of authority
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Moral turpitude
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Integrity deficiency
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Incapacity: This describes the physical or mental health conditions that may lead to a judge being unable to carry out his or her duties mostly backed by medical reasons.
Challenges in the process of removal of judge
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Time Consuming process: The path of removal is long, consorting several processes and they include establishment of the inquiry committee followed by parliament approval.
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Political Sensitivity: It may have some political consideration since the process needs a strong backing in Parliament.
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Scarcely Exceptional: Impeachment of the judges has been seldom witnessed in India. In 1993, the case of Justice V. Ramaswami fell during the attempted impeachment process.
Conclusion
The case of the motion by the Union Government, which is seeking the impeachment of Justice Yashwant Varma, illustrates the complexity of procedure in holding the judicial accountable. It highlights the constitutional limitations of the judiciary; it enhances the power of the Parliament in enforcing the integrity of the courts by conducting a formal inquiry procedure.
