Justice Yashwant Varma to be impeached? Rules governing process of removing judges in India and the options before him explained 

A large amount of cash was allegedly found at Justice Varma’s residence in New Delhi after a fire broke out there around Holi on March 14.

The Centre is likely to introduce an impeachment motion against Allahabad High Court judge Yashwant Varma during the upcoming Monsoon Session of Parliament in connection with the alleged discovery of wads of cash from his official residence in March this year.

The Monsoon Session of Parliament is expected to be convened in mid-July.

The measure might be taken if Justice Varma, who was transferred from Delhi High Court to Allahabad High Court following the incident, fails to step down voluntarily.

Earlier this month, a three-member committee set up by the Supreme Court reportedly confirmed the presence of cash found at Justice Varma’s residence in New Delhi after a fire broke out there around Holi on March 14.

On May 9, CJI Sanjiv Khanna submitted an in-house report concerning the discovery of unexplained cash at the residence of Justice Varma during his tenure at the Delhi High Court to the President and Prime Minister. The CJI had recommended initiating impeachment proceedings against Justice Varma.

It is learnt that the President has now referred the former CJI’s recommendation to the Chairman of the Rajya Sabha and the Lok Sabha Speaker.

A fire broke out at Justice Varma’s bungalow in Delhi on March 14 at around 11.30 pm while he was away. His family called the fire brigade and local police. When the emergency responders entered the house, they allegedly discovered a significant amount of cash inside the room. The exact sum remains undisclosed.

Justice Varma was eventually asked to resign but he is learnt to have refused to do so. He was transferred out on March 20, and he took oath as a judge at the Allahabad High Court on April 5. However, he was not assigned any work.

Impeachment is a constitutional mechanism to remove judges of higher judiciary (Supreme Court and High Courts) in India for proven misbehavior or incapacity.

The procedure for removal of judges is elaborated in the Judges Inquiry Act, 1968.  The Constitution does not use the word "impeachment". The removal of a judge is mentioned in the constitutional provisions of Article 124 (for Supreme Court judges) and Article 218 (for high court judges).

According to the Judges Inquiry Act, the process begins with a notice of motion given in Parliament. The notice must be  signed by 100 MPs in the Lok Sabha or 50 MPs in the Rajya Sabha.

If the notice is admitted, a three-member committee—comprising a Supreme Court judge, a High Court Chief Justice, and a distinguished jurist has to investigate the charges.

After the investigation, the committee will submit its report to the Speaker or the Chairman, or to both if the committee is constituted jointly. If the committee finds the judge guilty, the matter returns to Parliament for a final vote.

If the report finds the judge guilty, the motion along with the will be taken for consideration by the House or the Houses of Parliament in which it is pending.

If the motion is adopted by each House of Parliament, the misbehaviour of the judge will be deemed to have been proved.

An address seeking the removal of the judge will have to be presented to the President by each House of Parliament in the same session in which the motion has been adopted.

For an impeachment motion to be passed, at least two-thirds of those present and voting in both Lok Sabha and Rajya Sabha must vote in favour of the motion. The votes in favour must also be more than 50 per cent of the total membership of each House.

If Parliament passes such a vote, the President will pass an order for the removal of the judge.

Justice Varma will be entitled to a fair hearing, including the right to respond to the charges and cross-examine witnesses. The committee will frame definite charges against the judge based on which the investigation is proposed to be held.

No judge has ever been impeached by Parliament so far in India. Supreme Court judge Justice V Ramaswami faced impeachment proceedings in 1993, but the motion failed in the Lok Sabha. Calcutta HC Judge Soumitra Sen resigned in 2011 just ahead of voting in the Lok Sabha after the Rajya Sabha passed an impeachment motion against him.