Parliament begins process for Justice Varma’s impeachment, Pg11

Key Highlights:

• 152 Lok Sabha MPs, including opposition and ruling party members, signed a notice for Justice Varma’s removal.
• 63 Rajya Sabha MPs from opposition parties also submitted a parallel notice.
• The move satisfies the requirement under the Judges (Inquiry) Act, 1968: 100 Lok Sabha or 50 Rajya Sabha MPs needed.
• Justice Varma was transferred to the Allahabad High Court after the incident involving burnt currency at his Delhi residence.
• Rajya Sabha Chairman Jagdeep Dhankhar confirmed receipt of the notice and outlined the legal process ahead.
• A committee of inquiry will be set up comprising a Supreme Court judge, High Court Chief Justice, and a jurist.
• The report is expected within 3 months, followed by parliamentary debate and voting.

Detailed Insights:

• The removal of a judge is governed by Article 124(4) and (5) for Supreme Court and Article 217 r/w Judges Inquiry Act for High Court judges.
• This is a rare bipartisan initiative, involving support from both BJP and Opposition leaders.
• Presiding officer must admit the motion for the process to proceed.
• Once admitted, a three-member committee investigates the charges, followed by a parliamentary vote requiring special majority.
• If both Houses pass the motion, the President of India can order removal of the judge.
• Reference was also made to a pending motion against Justice Shekhar Yadav, raising questions about procedural irregularities in signature verification.
• This move indicates growing legislative scrutiny over judicial conduct, possibly impacting judicial independence vs accountability discourse.

Key Concepts Involved:

• Judges (Inquiry) Act, 1968: Provides procedure for investigation and removal of High Court and Supreme Court judges.
• Committee of Inquiry: Consists of a Supreme Court judge, a High Court Chief Justice, and a jurist; mandated to submit a report within 3 months.
• Special Majority: Required in both Houses for removal—majority of total membership and two-thirds of members present and voting.