Impeachment motion against Justice Varma: Govt reaches out to Opposition to build consensus ahead of Monsoon Session
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Impeachment motion against Justice Varma: Govt reaches out to Opposition to build consensus ahead of Monsoon Session
Government reaches out to Opposition parties in an attempt to build political consensus. Justice Yashwant Varma was transferred to the Allahabad High Court after a fire broke out at his official residence on March 14. 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. Sources in the Congress said the party was discussing the issue but indicated that it would not have a problem in supporting the move. The government is expected to bring an impeachment motion in the Monsoon Session, which is likely to begin in the third week of July. At least two-thirds of those “present and voting” in both Lok Sabha and Rajya Sabha must vote in favour of removing the judge — and the number of votes in favour must be more than 50% 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.
Confirming this, Union Parliamentary Affairs Minister Kiren Rijiju told The Indian Express: “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.”
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The move comes a month after 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.
According to sources, Home Minister Amit Shah and Law Minister Arjun Ram Meghwal met Prime Minister Narendra Modi earlier on Tuesday to finalise preparations for the exercise. Shah, along with Leader of the House in Rajya Sabha J P Nadda, also met Vice President and Rajya Sabha Chairman Jagdeep Dhankhar. Following these meetings, Rijiju reached out to Opposition leaders.
On May 28, The Indian Express had reported that the government was likely to bring an impeachment motion in the Monsoon Session, which is likely to begin in the third week of July.
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According to sources, Congress leader Jairam Ramesh was among those who Rijiju spoke to on Tuesday. Sources in the Congress said the party was discussing the issue but indicated that it would not have a problem in supporting the move. The party, in fact, is of the view that the government should convene a special session of Parliament at the earliest to set in motion the process and also devise a mechanism for ensuring judicial accountability.
This is in line with the resolution passed by the Congress at the April AICC session in Ahmedabad, which said: “While the Congress recognises that an independent judiciary is intrinsic to protection of Constitutional principles and democracy, it is also true that the judiciary must set safeguards and standards for accountability. A mechanism for judicial accountability, without compromising judicial independence, is the need of the hour.”
The Opposition has been given to understand that Meghwal himself could move the motion seeking Justice Varma’s impeachment, based on the report of the Supreme Court-appointed committee.
As per the Judges Inquiry Act, 1968, a complaint against a judge has to be made through a resolution signed at least by 100 members if moved in Lok Sabha and 50 members if initiated in Rajya Sabha.
Once the MPs submit the motion, the presiding officer of the House can either accept or reject it. With the government taking the initiative and seeking to build political consensus, it is expected that the presiding officer would accept it.
After a motion for impeachment is adopted by either House, the Speaker/ Chairman has to constitute a three-member committee of inquiry, 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 renders a guilty finding, the report of the committee is then adopted by the House in which it was introduced, and the judge’s removal is debated.
For an impeachment motion against an SC or HC judge to go through, at least two-thirds of those “present and voting” in both Lok Sabha and Rajya Sabha must vote in favour of removing the judge — and the number of votes in favour must be more than 50% 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.
Meanwhile, Opposition leaders said Parliament can dispense with the process of setting up a probe committee since the three-member committee appointed by then Chief Justice of India Sanjiv Khanna — comprising Justice Sheel Nagu, Chief Justice of the High Court of Punjab & Haryana; Justice G S Sandhawalia, Chief Justice of the High Court of Himachal Pradesh; and Justice Anu Sivaraman, Judge of the High Court of Karnataka — has already indicted Justice Varma.
The Indian Express had reported on May 9 that then CJI Khanna had forwarded a copy of the inquiry report, along with a recommendation to initiate impeachment proceedings against the judge to President Droupadi Murmu and Prime Minister Modi.
Justice Varma was 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 judge at the Allahabad High Court on April 5, but has not been assigned work.
Cash at residence: Govt likely to bring impeachment motion against Justice Varma
The government is likely to bring an impeachment motion in the upcoming monsoon session against former Delhi High Court judge Justice Yashwant Varma. A three-member panel, set up by the Supreme Court, had found credence in the allegations that wads of currency notes were discovered at the judge’s official residence when a fire broke out there on March 14. The Indian Express had reported on May 9 that then Chief Justice of India Sanjiv Khanna had forwarded a copy of the inquiry report, along with a recommendation to initiate impeachment proceedings against the judge to President Droupadi Murmu and Prime Minister Narendra Modi. Justice Varma was also 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 judge at the Allahabad High Court on April 5 but he has not been assigned work.
On May 3, a three-member panel, set up by the Supreme Court, had found credence in the allegations that wads of currency notes were discovered at the judge’s official residence when a fire broke out there on March 14.
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Appointed by the CJI on March 22, the panel, comprising Justice Sheel Nagu, Chief Justice of the High Court of Punjab & Haryana; Justice G S Sandhawalia, Chief Justice of the High Court of Himachal Pradesh; and Justice Anu Sivaraman, Judge of the High Court of Karnataka, recorded the statements of a range of witnesses.
The Indian Express had reported on May 9 that then Chief Justice of India Sanjiv Khanna had forwarded a copy of the inquiry report, along with a recommendation to initiate impeachment proceedings against the judge to President Droupadi Murmu and Prime Minister Narendra Modi.
Justice Varma was also 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 judge at the Allahabad High Court on April 5 but he has not been assigned work.
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Explained First move by Govt
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.
Top sources in the government said that since the former CJI’s report recommended impeachment, the motion has to be brought in Parliament.
For a motion of impeachment to be taken up, it has to be moved by not less than 100 members in the Lower House, and at least 50 members in the Upper House.
“We will bring the motion in the upcoming session. We will ask both the Rajya Sabha Chairman and the Lok Sabha Speaker to take the sense of the House,” said a source, adding that the government will seek consensus from Opposition parties since the final step of impeachment has to be cleared by a two-third majority in both the Houses.
Both Chairman Jagdeep Dhankhar and Speaker Om Birla are likely to reach out to Opposition leaders for evolving a consensus. “This exercise will begin soon,” said a source.
Sources in the Congress said the party had not yet been approached for a discussion on the matter.
The Monsoon session of Parliament is expected to begin by the third week of July.
The Constitution states that a judge of a constitutional court can only be removed on two grounds: proved “misbehaviour” and “incapacity”. The procedure to be followed for removal is laid down in the Judges Inquiry Act, 1968. Once a motion for impeachment is adopted by either House, the Speaker/ Chairman has to constitute a three-member committee of inquiry. The committee is headed by the Chief Justice of India or a judge of the Supreme Court, and has 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 renders a guilty finding, the report of the committee is then adopted by the House in which it was introduced, and the judge’s removal is debated.
For an impeachment motion against an SC or HC judge to go through, at least two-thirds of those “present and voting” in both Lok Sabha and Rajya Sabha must vote in favour of removing the judge — and the number of votes in favour must be more than 50% 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.
On May 26, the Supreme Court administration had rejected a plea seeking the panel’s report on Justice Varma of the committee under the Right to Information Act.
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