Paper: GS – II, Subject: Polity, Topic: Judiciary, Issue: Impeachment of Judges.
Context:
Lok Sabha Speaker Om Birla has admitted a motion signed by 146 MPs to remove Justice Yashwant Varma of the Allahabad High Court and has formed a three-member inquiry committee to investigate the charges against him.
Key Takeaways:
- Inquiry Committee Formed: A three-member inquiry committee has been constituted to probe the charges against Justice Varma.
- The committee comprises:
- Supreme Court Judge Justice Aravind Kumar
- Madras High Court Chief Justice Manindra Mohan Shrivastava
- Senior Karnataka High Court advocate B.V. Acharya
- Background: The motion follows the repatriation of Justice Varma from the Delhi High Court to the Allahabad High Court after burnt currency notes were found at his official residence.
- An in-house inquiry by the Supreme Court had reportedly indicted Justice Varma.
- Pending Proposal: The proposal for the removal of Justice Varma will remain pending until the inquiry committee submits its report.
Constitutional Provision for Impeachment of Judges:
- While the constitution does not use the word ‘impeachment’, it is colloquially used to refer to the proceedings under Article 124 for the removal of a Supreme Court judge.
- The removal of High Court judges is governed by Article 217(1)(b) and Article 218 of the Constitution of India.
- These articles provide that a judge of a High Court may be removed only by an order of the President of India, based on a motion passed by both Houses of Parliament
- Legal Framework: The process is detailed in the Judges (Inquiry) Act, 1968, which provides the following steps:
- Initiation of Motion: A motion for removal must be signed by at least 100 Lok Sabha MPs or 50 Rajya Sabha MPs.
- Formation of Inquiry Committee: Once admitted, the presiding officer constitutes a three-member committee comprising:
- The Chief Justice of India or a Supreme Court judge,
- A Chief Justice of a High Court,
- A distinguished jurist.
- Investigation: The committee investigates the charges and submits a report.
- Parliamentary Procedure: If the committee finds the judge guilty of misbehaviour or incapacity, each House of Parliament must pass the removal motion by a special majority (a two-thirds majority of members present and voting, and a majority of the total membership of the House).
- Final Decision: The final order for removal is passed by the President of India.
Safeguard to Ensure Judicial Accountability:
Conclusion:
The Justice Varma case underscores the urgent need to enact the Judicial Standards and Accountability Bill to institutionalize transparency, enforce ethical standards, and establish a robust mechanism for holding judges accountable while preserving judicial independence and public trust in the judiciary.
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