Justice Yashwant Varma is in serious trouble after a large amount of unaccounted cash was reportedly found at his home. According to sources, he may soon face impeachment. This means he could be officially removed from his post as a judge.

Earlier this month, the then Chief Justice of India, Sanjiv Khanna, wrote to the President and the Prime Minister. He forwarded the report prepared by a three-member committee that had been set up to look into the allegations against Justice Varma.

As per rules, the Chief Justice only writes to the President and Prime Minister when the investigation committee finds that the charges are serious and strong enough to start the removal process. This happens only if the judge does not agree to resign on his own.

How can a High Court judge be removed?

The process for removing a High Court judge is clearly written in the Constitution of India and the Judges (Inquiry) Act, 1968.

According to the Constitution, a judge can be removed only if they are proven to have behaved badly or are no longer capable of doing their job. This can happen only if both the Lok Sabha (Lower House of Parliament) and Rajya Sabha (Upper House) pass a special motion.

The Constitution says that this motion must be supported by:
• A majority of the total number of members in that House, and
• A majority of not less than two-thirds of the members who are present and voting.

Also, this motion must be passed in both Houses during the same Parliament session. Once that happens, the President of India signs the removal order, and the judge is officially removed.

Steps under the judges (Inquiry) Act, 1968

The Judges (Inquiry) Act gives a step-by-step process on how to remove a judge:

  1. Notice of motion in Parliament
    A notice must be submitted in either Lok Sabha or Rajya Sabha.
    • At least 100 MPs must sign it in the Lok Sabha, or
    • At least 50 MPs must sign it in the Rajya Sabha.

The notice is then given to the Speaker (Lok Sabha) or the Chairman (Rajya Sabha). They will decide whether to accept or reject the notice after checking the facts.

  1. Committee formation
    If the notice is accepted, a three-member committee is formed to investigate. The committee includes:
    • A Supreme Court judge (this can be the Chief Justice),
    • A Chief Justice of a High Court,
    • A well-known jurist (expert in law).

If notices are sent to both Houses on the same day, a joint committee is formed. If one House submits later, that one is ignored.

What happens in the committee investigation?

The committee will first prepare clear charges. These charges are then sent to the judge, giving him a chance to reply.

The judge can defend himself in writing, question witnesses, and present his side. The committee has the power to decide how the hearing will take place.

After the investigation, the committee sends its report to the Speaker or Chairman. This report explains whether the judge is guilty or not.

If the judge is not guilty, the matter ends there. If the judge is found guilty, the Parliament can continue the process to remove him.

Both Houses must pass the motion with the required majorities. Only then will the matter go to the president, who can remove the judge officially.

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