Justice Yashwant Varma is facing serious allegations after a large stash of unaccounted cash was reportedly recovered from his residence. According to sources, he may soon face impeachment proceedings.

Earlier this month, then Chief Justice of India Sanjiv Khanna wrote to the President and the Prime Minister, forwarding the report of a three-member committee investigating the allegations against Justice Varma.

According to the in-house procedure for High Court judges, the Chief Justice approaches the President and the Prime Minister only in one specific circumstance: when the inquiry committee finds the allegations serious enough to warrant the initiation of removal proceedings, and the judge in question refuses to resign voluntarily.

WHAT IS THE IMPEACHMENT PROCEDURE?

The procedure for impeaching a High Court judge is governed by the Constitution of India and the Judges (Inquiry) Act, 1968.

Under the Constitution, a judge can be removed only on grounds of proven misbehaviour or incapacity, through a motion passed by both Houses of Parliament.

The Constitution states that a judge shall not be removed except by an order of the President, passed after an address by each House of Parliament, supported by:

• A majority of the total membership of that House, and
• A majority of not less than two-thirds of the members of that House present and voting.

This address must be presented to the President during the same parliamentary session.

WHAT DOES THE JUDGES (INQUIRY) ACT SAY?

The Judges (Inquiry) Act, 1968 outlines the detailed procedure for the removal of a High Court judge and the process by which Parliament may present an address to the President.

Procedure Under the Judges (Inquiry) Act

1. Notice of motion in Parliament
A notice must be given in either House of Parliament, signed by:

• At least 100 members in the Lok Sabha, or
• At least 50 members in the Rajya Sabha.

The notice must be submitted to the Speaker (Lok Sabha) or the Chairman (Rajya Sabha). They may consult individuals and materials as they deem fit before deciding to admit or reject the motion.

2. Constitution of a three-member committee
If the motion is admitted, it is kept pending while a three-member committee is constituted to investigate the charges. This committee will include:

• A Supreme Court judge (which may include the Chief Justice),
• A Chief Justice of a High Court,
• A distinguished jurist.

If notices are submitted on the same day in both Houses, a joint committee will be constituted by the Speaker and the Chairman. If notices are submitted on different dates, the later notice is deemed rejected.

WHAT DOES THE COMMITTEE DO?

1. Framing of charges
The committee will frame specific charges against the judge based on the allegations.

2. Communication to the judge
The charges and the grounds for each will be communicated to the judge.

3. Right to defence
The judge is given a reasonable opportunity to respond in writing within the time specified.

4. Opportunity for cross-examination
The committee may allow the judge to cross-examine witnesses, present evidence, and be heard in his own defence. The committee has the authority to regulate its own procedure.

5. Submission of report
After investigation, the committee submits a report to the Speaker or Chairman—or both, if constituted jointly. The report will detail findings on each charge, along with any observations.

NEXT STEPS IN PARLIAMENT

If the judge is found not guilty: No further steps are taken. The pending motion is dropped.

If the judge is found guilty: The motion, along with the committee report, is considered by the House(s) in which it is pending.

If both Houses adopt the motion with the required majorities, the misbehaviour or incapacity of the judge is deemed proven.

An address for the judge’s removal is then presented to the President in the same session.

LEGAL EXPERTS WEIGH IN

India Today spoke to legal experts to clarify whether the full procedure under the Judges (Inquiry) Act must be followed, even if the Chief Justice of India has written to the President.

According to Senior Advocate Sanjay Hegde, the full procedure, including the formation of a committee, must be followed in Justice Varma’s case.

Member of Parliament and Senior Advocate Kalyan Banerjee noted that an impeachment motion must be initiated by the government and passed with a two-thirds majority. He added that in previous cases, a parliamentary committee was set up after such a motion was introduced. The Chairman of the Rajya Sabha or the Speaker of the Lok Sabha would decide the mode of operation.

BJP leader and Senior Advocate Nalin Kohli stated that 50 members must sign the removal motion, which must then pass by majority. He said that the procedure falls under Article 124 of the Constitution and is subject to the rules of parliamentary procedure.