Lok Sabha likely to take up motion to impeach Justice Varma in first week of Monsoon Session

Justice Yashwant Varma was indicted by a three-member panel in its report to the Supreme Court.

The motion to remove Justice Yashwant Varma, the former Delhi High Court judge involved in allegations of recovery of huge sums of cash from his official residence, is likely to be brought in the Lok Sabha in the first week of the Monsoon Session set to begin on July 21.

Justice Varma was indicted by the Supreme Court's in-house panel which submitted its findings and recommended that the judge be removed. He was subsequently transferred to the Allahabad High Court but has since not been assigned any work.

The Indian Express quoted sources as saying that the impeachment motion for his removal may be brought in the Lok Sabha in the first week of the Parliament session.

The development comes even as Justice Varma on moved the Supreme Court Friday challenging his indictment by the in-house panel.

However, the Centre has argued that the happenings in Parliament are independent of the developments in Supreme Court.

"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," Union Parliamentary Affairs Minister Kiren Rijiju told IE.

The Centre had initiated an outreach to members of all parties to arrive at a consensus on the matter before moving the impeachment motion. Rijiju said that 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," Rijiju said earlier, underlining the government's intent to put up a united stand on the matter.

For an impeachment motion to be taken up, at least 100 Lok Sabha MPs have to sign a notice for a motion to remove a judge, and present it before the Lok Sabha Speaker.

The Lok Sabha Speaker will then decide whether or not to admit the motion.

Once the motion is admitted, the Lok Sabha Speaker will constitute a committee to look into the allegations against the judge. The committee must include one Supreme Court judge, one Chief Justice of a High Court and one distinguished jurist. The Committee then decides the framing of charges against the judge.

The charges framed then have to be sent to the judge seeking his or her written response.

The committee will then present its report along with the written response of the judge to the Parliament, which will then be laid on the House by the Speaker or Chairperson. If the report finds misbehaviour or incapacity, the House will debate and vote on it.

Before the vote on the impeachment motion, the judge can present his or her defence on the floor of the House.

The passage of the impeachment motion requires a "special majority" in both Houses of Parliament, meaning it will require the support of more than half the total membership of the House, and at least two-thirds of the members who are present and voting.

The motion is then sent to the President of India, who will give the order for removal.

The government is learnt to be exploring ways to complete the removal process within the Monsoon Session as well.