Priyanka Tiwari
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Suspense crime, Digital Desk: The Government is allegedly holding discussions with the opposition parties for support regarding the impeachment of Justice Yashwant Varma, an ex-judge of the Delhi High Court. This case will purportedly be brought up during the Monsoon Session of Parliament.
Union Minister Kiren Rijiju expressed on the matter that it is not for political reasons, but rather due to grave issues concerning judicial corruption. “This is an issue for public confidence and also about trust in judiciary,” he noted.
Claims Stirred up By Recovery of Cash at Judge’s House
Around 14th March, a blaze erupted at Justice Varma’s official quarter. It is alleged that piles of cash were discovered. A panel set up by the Supreme Court on the 5th of May found the allegations put forth to have substance.
As a result of the allegations, Justice Varma was moved to the Allahabad High Court. He continues to stay in the position but has no other functions to perform.
Government Intends To Move In Parliament
As per the information received, Union Law Minister Arjun Ram Meghwal is on the way to raising the motion to impeach in both houses. The motion will need a two thirds majority in both houses to advance.
If the bill gets passed, it would allow the President to remove the judge by formally ordering his removal. No judge in India has ever been removed by this method which showcases a monumentous move.
Constitutional Procedure for Judge Removal
Article 124(4) along with the Judges (Inquiry) Act 1968 spell out the procedure for removing a High Court or Supreme Court judge. The salient features are:
The motion can be introduced in either house of the parliament
An inquiry committee of three members is set up.
The chairperson must be the Chief Justice of India or a sitting judge of the Supreme Court.
A chief justice of the high court.
A “distinguished jurist” appointed by the Speaker or the Chairman of the House.
The committee collects the necessary evidence and prepares a report.
They house makes a vote on whether or not the findings should be adopted. If passed, the judge is liable to be removed.
No Resignation Yet, Judicial Transfer Is Pending
Justice Varma swore in as the Chief Justice of Allahabad High Court on 5 April and is yet to be allocated a single case. Reports suggest that he was asked to resign but has chosen not to. The former CJI Sanjiv Khanna communicating with the President and the Prime Minister was instrumental in kickstarting this process.
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