Centre announces impeachment motion against Justice Varma, Rijiju reaches out to Opposition

On March 20, the Supreme Court informed that Justice Varma had been transferred to the Allahabad High Court

The Centre has reached out to the Opposition parties to bring an impeachment motion against former Delhi High Court judge Justice Yashwant Varma during the upcoming Monsoon Session of Parliament.

“I  have reached out to the leaders of all major political parties. It’s not a political issue, it’s a matter of seriousness related to corruption in the judiciary. There is no scope for any political angle in it. We will evolve a consensus,” Union Parliamentary Affairs Minister Kiren Rijiju told Indian Express.

A three-member panel set up by the Supreme Court, on May 3, had found credence in the allegations that wads of currency notes were discovered at Justice Varma’s official residence when a fire broke out there on March 14. He has since been transferred to the Allahabad High Court.

A senior party official told Hindustan Times that the government is keen on reaching out to the Opposition to support the motion that will require a two-thirds majority. The motion reportedly is set to be moved by Union law minister Arjun Ram Meghwal in both Houses. If Parliament passes such a vote, the President will pass an order for the removal of the judge.

The process of removal of a judge of the Supreme Court of the High Court (in Justice Varma's case) is dealt with in detail in the Constitution and The Judges (Inquiry) Act, 1968.

After a motion for impeachment is adopted, the Speaker/ Chairman must constitute a three-member committee of inquiry. The panel will be headed by the Chief Justice of India or a Supreme Court judge, and including a Chief Justice of any High Court, and a person who is in the opinion of the Speaker/ Chairman, a “distinguished jurist”. If the committee finds the individual guilty,  the report is adopted by the House in which it was introduced, and the judge’s removal is debated.

The move comes weeks after former Chief Justice of India Sanjiv Khanna initiated the process for the removal of justice Varma by writing to President Droupadi Murmu and Prime Minister Narendra Modi, stating that the allegations of recovery of cash at the judge’s residence was serious and warranted initiation of proceedings for his removal.

Till date, no judge of the SC or high courts has been removed in this manner. On March 20, the Supreme Court informed that Justice Varma had been transferred to the Allahabad High Court. On April 5, Justice Varma took oath as a judge of the Allahabad HC but has not been assigned work. He is reported to have been asked to resign, but refused to do so.