Union govt. to initiate removal process for Justice Yashwant Varma, Pg1

Context:

• The Union government is preparing to initiate removal proceedings against Justice Yashwant Varma, currently a judge of the Allahabad High Court, following the discovery of burnt currency notes at his official residence. This would mark a rare invocation of the constitutional procedure for removing a High Court judge.

Key Highlights:

• Justice Yashwant Varma came under scrutiny after burnt currency sacks were found at his Delhi residence in March 2024.
• The incident occurred while he was a judge of the Delhi High Court (prior to transfer to Allahabad HC).
• An in-house committee led by then CJI Sanjiv Khanna found material indicating the need for further action.
• Justice Khanna wrote to the President and PM, recommending removal proceedings.
• Union Minister Kiren Rijiju announced that the process to gather MP signatures will begin soon.
• 100 MPs in Lok Sabha or 50 in Rajya Sabha are needed to admit a removal motion.

Detailed Insights:

• The Indian Constitution provides for the removal of High Court judges under Article 217 read with Article 124(4).
• Judges can only be removed on proven grounds of misbehavior or incapacity.
• The process begins with a removal motion signed by at least 100 Lok Sabha MPs or 50 Rajya Sabha MPs.
• Once admitted by the Speaker or Chairman, a three-member inquiry committee is formed under the Judges (Inquiry) Act, 1968.
• This committee includes a Supreme Court judge, a Chief Justice of a High Court, and a distinguished jurist.
• The committee investigates the charges and submits a report within three months.
• If the judge is found guilty, the motion for removal must be passed in both Houses by a special majority (two-thirds of members present and voting, and a majority of total strength).
• The President of India formally orders the removal after both Houses pass the motion.
• The in-house inquiry mechanism developed by the Supreme Court is separate and not binding on Parliament.
• The Parliament’s role becomes crucial because only it has the constitutional authority to remove a sitting High Court or Supreme Court judge.
• Justice Varma’s case is significant as it involves allegations of corruption and misuse of office, which are rare at such a high level in the judiciary.
• The discovery of burnt currency notes at his residence has caused widespread public concern and raised demands for accountability.
• The Monsoon Session (starting July 21) is likely to see the beginning of the process, although conclusion within the same session is unlikely.
• The episode highlights both the importance of due process and the need to preserve judicial independence during proceedings of such gravity.

Legal Concepts Involved:

• Judges (Inquiry) Act, 1968: Governs the process for investigating charges against judges.
• In-house inquiry mechanism: Supreme Court-developed framework to preliminarily assess misconduct allegations against judges, without external intervention.