Impeachment Proceedings Against Justice Yashwant Varma

Impeachment Proceedings Against Justice Yashwant Varma 

Why in News? 

The discovery of unaccounted cash at Justice Yashwant Varma’s home has prompted the Centre to explore his possible impeachment.

Impeachment Proceedings Against Justice Yashwant Varma : Meaning and Constitutional Provisions

• Meaning:
  • The word ‘Impeachment’ is not directly used in the Indian Constitution, yet it is commonly employed to describe the process by which Parliament has the authority to remove a judge from office. 
  • This process can only be executed under specific conditions and constitutional safeguards.
• Key Articles:
  • The procedure to remove Supreme Court judges is detailed in Article 124(4) of the Constitution.
    • This article states that a judge can only be removed when found guilty of “proved misbehaviour” or “incapacity”.
  • According to Article 218, this provision is equally applicable to High Court judges, thereby establishing the principle of uniform accountability within the country’s judicial system.

On What Grounds Can a Judge Be Impeached?

• Proved Misbehaviour:
  • Judges are expected to uphold absolute impartiality and restraint while delivering justice. When a judge engages in actions that tarnish their moral credibility, it falls under proved misbehaviour. This includes behaviours such as:
    • Involvement in corruption, like taking bribes or accepting unlawful financial benefits.
  • Biased judgments, which cast doubt on the impartiality of justice.
  • Accepting political or external interference and allowing it to influence judicial decisions.
  • Any conduct that undermines public faith in the judiciary.
• Incapacity:
  • Judicial responsibilities require high intellectual and mental effort. If a judge is unable to perform duties due to long-term illness, memory loss, mental instability, or an accident, they may be considered incapable.
  • This does not refer to temporary weaknesses, but permanent or prolonged incapacity that hampers the judicial process.
  • In such cases, a detailed medical and practical investigation is conducted through a special committee to confirm the seriousness and permanence of the incapacity.

Procedure for Impeachment of a Judge

• Initiation of the Motion: 
  • The impeachment process can only begin if the motion is backed by a sufficient number of MPs.
  • At least 100 Lok Sabha members must sign the notice to initiate an impeachment move. In the Rajya Sabha, 50 members’ support is mandatory.
  • The Speaker of Lok Sabha or the Chairman of Rajya Sabha has the authority to review the relevance and seriousness of the motion before accepting it.
  • They may consult legal experts to ensure that the allegations raised are investigable and legally valid.
• Constitution of the Investigation Committee:
  • After the motion is admitted, a three-member committee is formed to objectively and impartially investigate the allegations. This committee includes:

• The Chief Justice of India.
• The senior-most Supreme Court judge (If the CJI is unavailable).
• A Chief Justice of a High Court.
• A distinguished jurist, recognized for their impartial and scholarly legal contributions.

• The committee conducts evidence collection, witness interrogation, and thorough validation of allegations.
• It ensures the charges are fact-based, not politically motivated.

• Report and Parliamentary Debate:
  • The committee submits its detailed report to the House where the motion was introduced.
  • If the inquiry finds grave misconduct, the report is formally laid before Parliament.
    This is followed by comprehensive debate and deliberation in both Houses.
• Passage by Special Majority:
  • To adopt the motion based on the committee’s report, both Houses of Parliament must pass it with a special majority. This requires two conditions:

• The motion must gain majority support from the full House membership.
• To succeed, the motion requires two-thirds approval from those present and voting.

• Approval by the President:
  • Once both Houses pass the motion with special majority, it is presented to the President during the same session.
  • The President, as the constitutional head of the country, approves the motion and issues an order for the judge’s removal.

Prominent Cases of Judicial Impeachment in India

• Justice V. Ramaswami: Impeachment was first attempted against a sitting Supreme Court judge in his case. He was accused of extravagant misuse of public funds. Despite being indicted by the panel, the motion didn’t gain enough Lok Sabha support. The then Chief Justice of India (CJI) stopped assigning him work, yet he continued to enjoy full retirement benefits.
• Justice Soumitra Sen: Justice Sen of the Calcutta High Court was accused of embezzling ₹33.23 lakh in 1983 as a court-appointed receiver. The Rajya Sabha voted, but he resigned before the motion could be introduced in the Lok Sabha, thus escaping complete constitutional accountability.
• Justice S. K. Gangele: He was accused of sexual harassment by a female judicial officer. A special committee was formed to investigate the allegations. After thorough inquiry, the committee gave him a clean chit, declaring no misconduct.

Justice C. V. Nagarjuna: He was accused of harassing a Dalit judge and engaging in financial irregularities. An impeachment motion was introduced in Parliament, initially with some MPs’ support. However, many later withdrew their signatures, causing the motion to fail.