Justice Yashwant Varma Case: The Lok Sabha is expected to take up a motion for the removal of Justice Yashwant Varma, currently serving at the Allahabad High Court, during the first week of the Monsoon Session starting July 21, according to Indian Express sources.
The move follows serious corruption allegations against Justice Varma, who has been indicted by a Supreme Court-appointed inquiry committee after large sums of unaccounted cash were found at his official residence in Delhi.
Justice Varma challenges inquiry report in Supreme Court
Justice Varma has challenged the findings of the in-house inquiry before the Supreme Court, The Indian Express has learnt. Despite this development, Parliamentary Affairs Minister Kiren Rijiju made it clear that the process of judicial removal is a legislative matter.
“The removal of a Supreme Court or a High Court judge is a matter that is the authority of Parliament. It is independent of what is happening in the Supreme Court,” Rijiju stated.
To ensure a smooth and non-partisan process, Rijiju has begun discussions with leaders of all political parties, emphasising that the issue should not be politicised. “The impeachment of a High Court or Supreme Court judge on corruption issues cannot be political. Government should take everyone on board as there is no scope for differences among parties on this,” he said.
Sources indicate that Rijiju has already informed opposition leaders that a unified approach is essential to maintain the integrity of the judiciary and the Parliament’s role in such rare proceedings.
What is the procedure to remove a judge?
Under the current procedure, a motion for impeachment must be signed by at least 100 MPs in the Lok Sabha. Once submitted, the presiding officer can either accept or reject the motion. If accepted, a three-member inquiry committee is formed, typically comprising a Supreme Court judge (or the Chief Justice of India), a Chief Justice of a High Court, and a distinguished jurist.
If the committee finds the judge guilty, the motion returns to the House for debate and adoption. The government is reportedly exploring ways to complete the process within the Monsoon Session itself.
The three-member committee, constituted by then Chief Justice of India Sanjiv Khanna, included Justice Sheel Nagu (Punjab & Haryana High Court), Justice G S Sandhawalia (Himachal Pradesh High Court), and Justice Anu Sivaraman (Karnataka High Court). The committee has already submitted its report indicting Justice Varma.